Agenda item

16.1

The Executive Director, People Services submitted a report, in line with the requirements of the Local Government & Social Care Ombudsman, outlining for Cabinet, the Ombudsman’s report on a complaint made about  the Council’s actions in assessing the complainant’s son’s special educational needs and putting provision named in his Education, Health and Care Plan in place. The report also provided the Council’s response to the Ombudsman’s report.

16.2

RESOLVED: That Cabinet notes the findings of the report and the actions taken in response, namely:

1. Arrange a review of the complainant’s son’s Education, Health and Care Plan;
2. Apologise to the complainant and her son;
3. Pay £1,500 to the complainant for her son’s educational benefit;
4. Pay £300 to the complainant to acknowledge the frustration, time and trouble and uncertainty the Council’s faults caused her; and
5. Develop an action plan to ensure that the faults identified by the Ombudsman do not occur again.

16.3

Reasons for Decision

16.3.1

The Council has considered the findings of the Ombudsman in this case and believes that they are accurate. The Council is working to ensure that the issues identified in the report are addressed for the complainant and her son and not repeated for other service users.

16.4

Alternatives Considered and Rejected

16.4.1

The Council could choose to the contest the findings of the Ombudsman. However the Council accepts the Ombudsman’s view that there has been fault causing injustice to Y and Mrs X.

16.4.2

The Council could contest the recommendations of the Ombudsman, but as it acknowledges the failings in this case, it believes it should accept the recommendations the Ombudsman has proposed to remedy these failures.

16.5

Any Interest Declared or Dispensation Granted

None

16.6

Reason for Exemption if Public/Press Excluded During Consideration

None

16.7

Respective Director Responsible for Implementation

Jayne Ludlam, Executive Director, People Services

16.8

Relevant Scrutiny and Policy Development Committee If Decision Called In

Children, Young People and Family Support

16.1

The Executive Director, People Services submitted a report, in line with the requirements of the Local Government & Social Care Ombudsman, outlining for Cabinet, the Ombudsman’s report on a complaint made about  the Council’s actions in assessing the complainant’s son’s special educational needs and putting provision named in his Education, Health and Care Plan in place. The report also provided the Council’s response to the Ombudsman’s report.

16.2

RESOLVED: That Cabinet notes the findings of the report and the actions taken in response, namely:

1. Arrange a review of the complainant’s son’s Education, Health and Care Plan;
2. Apologise to the complainant and her son;
3. Pay £1,500 to the complainant for her son’s educational benefit;
4. Pay £300 to the complainant to acknowledge the frustration, time and trouble and uncertainty the Council’s faults caused her; and
5. Develop an action plan to ensure that the faults identified by the Ombudsman do not occur again.

16.3

Reasons for Decision

16.3.1

The Council has considered the findings of the Ombudsman in this case and believes that they are accurate. The Council is working to ensure that the issues identified in the report are addressed for the complainant and her son and not repeated for other service users.

16.4

Alternatives Considered and Rejected

16.4.1

The Council could choose to contest the findings of the Ombudsman. However the Council accepts the Ombudsman’s view that there has been fault causing injustice to the complainant and her son.

16.4.2

The Council could contest the recommendations of the Ombudsman, but as it acknowledges the failings in this case, it believes it should accept the recommendations the Ombudsman has proposed to remedy these failures.