Overview:

Key to names used

• Mrs X The complainant

Summary

Mrs X complained about the Council’s failure to release funds for her family to access specialist provision in Section F of their children’s Education, Health and Care (EHC) Plans. She also complained the Council failed to respond to requests, provided incorrect information and that its complaint handling was poor. Mrs X says she suffered anxiety and frustration, and her children’s placement was at risk due to them not being able to access the specialist provision.

Finding

Fault found causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

To remedy the injustice to Mrs X from the faults identified, we recommend within three months of the date of this report the Council should:

• write to Mrs X to apologise. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology we have recommended in our findings;
• reconsider its decision on how to deliver the personal budget for Mrs X to ensure the agreed payments are made a term in advance;
• repay Mrs X the funds outstanding to her which she has paid to access the provision set out in Section F of her children’s EHC Plans;
• pay Mrs X £1,000 to recognise the significant and avoidable distress, financial worry and uncertainty caused over a prolonged period;
• review its direct payments agreements to ensure clarity on when the agreed payments are made to individuals;
• ensure training is provided to the Special Educational Needs and Disabilities (SEND) staff on Personal Budgets referring to our Focus report “Parent power: learning from complaints about personal budgets” and the Council’s policy; and
• issue guidance setting out the criteria for deciding which of the personal delivery options should be selected and clarifying there is discretion available to use a different method if the original one is not working.

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