Case Ref: 22 010 168 Category: Education Sub Category: Alternative provision

• The Council will provide updated guidance to complaint officers clarifying the legal position around complaints and appeals, in particular that case law affecting the Ombudsman’s jurisdiction does not bar councils from considering complaints itself or prevent a complainant pursuing other legal remedies such as judicial review.

Case Ref: 22 009 834 Category: Education Sub Category: Alternative provision

• The Council will review all complaints made to the Council in the last 12 months concerning children out of school; consider if the Council has applied its section 19 duties correctly in light of this decision and; if the Council finds it has erred, take action to remedy any injustice.

Case Ref: 22 009 683 Category: Children's care services Sub Category: Disabled children

• The Council should share this decision with relevant staff and remind them of procedures for agreeing changes to care packages outside of the funding panel

Case Ref: 22 009 496 Category: Education Sub Category: Alternative provision

• Remind all inclusion officers that they have an obligation to check any school provided provision is suitable when a child unable to attend for medical reasons or otherwise. And that it is the Council’s obligation to provide provision when the school’s is deemed unsuitable.
• Remind staff within the education department that government guidancedoes not expect alternative provision to be solely in an online format when children areunable to attend school.

Case Ref: 22 009 371 Category: Adult care services Sub Category: Residential care

• The Council will remind its Financial Assessment Team to include the Council’s rates with care providers in its communication with individuals and their representatives when arranging care placements. This is to ensure individuals has a clear understanding of their care costs at the time and any potential top up payments.
• The Council will remind its staff to progress permanent care placement without delay before respite placement ends in line with wishes of the person care for, or their representatives.

Case Ref: 22 007 478 Category: Children's care services Sub Category: Other

• The Council will carry out training with the relevant staff on its duties under the statutory children's complaints procedure, including when a complaint is eligible for early referral to the Ombudsman.

Case Ref: 22 006 202 Category: Education Sub Category: Special educational needs

• The Council will provide training or guidance to staff responsible for arranging Education Health and Care Plans to ensure they are meeting their duty to provide information to parents about the process involved.
• The Council will put in place a process to ensure it has oversight of requests for information from professionals to support an Education Health and Care Plan and to ensure the Council considers taking action if there is any delay in responses.
• The Council will provide training to staff responsible for children’s education on the Council’s responsibilities under s19 of the Education Act 1996, with reference to this decision and the Ombudsman’s Focus Report ‘Out of school….out of mind?’, available on our website.

Case Ref: 22 004 034 Category: Education Sub Category: Special educational needs

• The Council will remind all relevant staff that it is the Council which has a duty to meet Education, Health and Care Plan (EHCP) provision.
• The Council will also conduct a formal review its oversight practices with respect to ensuring Education, Health and Care Plan (EHCP) provision is met in educational settings. The purpose of the review is for the Council to adopt measures so to prevent similar occurrences which result in a loss of EHCP provision. The review will also inform additional training and guidance to staff working in this area.

Case Ref: 22 003 724 Category: Children's care services Sub Category: Child protection

• The Council has agreed to share a copy of the decision with those it commissions for the statutory complaints process. This should include communication about lessons learnt and how failing to fully investigate hinders the complaints process.
• The Council has agreed to review whether staff need further training about the Council’s responsibility to be proactive about its duty to consider reasonable adjustments.

Case Ref: 22 003 462 Category: Education Sub Category: Special educational needs

• The Council will complete a review to ensure it meets it statutory duty to arrange alternative provision for children unable to attend school because of illness or otherwise as quickly as possible and can monitor any arrangements made through its Access to Education service to ensure they remain in place and provide suitable education.