Council ordered to compensate families for failures in support

Local Government Ombudsman Anne Seex concluded that Leeds Council’s service provision was inadequate following three separate complaints by families looking after children with special educational needs.

In one complaint, a severely disabled girl was left in a situation where, at times, the people caring for her and educating her were unable to communicate with her as none of the available staff was competent in British Sign Language. An investigation by the Ombudsman found there were not enough school staff to help her to use the toilet, so she returned home in wet trousers, developed blisters and broken skin and suffered urinary tract infections.

The council failed as an education authority to ensure that the provision specified in the girl’s statement of special educational needs was made.

The authority had information from various sources that her needs were not being met, but it neither made further enquiries nor took any action, the Ombudsman said.

The council also failed to provide adequate respite care, causing her family to struggle to hold together under enormous strain.

In the second complaint, the Ombudsman found that Leeds Council had failed in its duty as “corporate parent” to provide for the special educational needs of a boy in foster care.

Rather than heed professional advice that he could not cope with change and insecurity, he was placed in an inappropriate school and was frequently excluded.

The Ombudsman said it was “inexplicable and inexcusable that these failures could persist over a long period”, and that the council had “signally and dismally” failed to promote his educational achievement.

The family will be paid £3,000 compensation.

In the third complaint, the Ombudsman found that the council had failed to seek legal advice for a boy when he was arrested and facing a serious criminal charge.

He was given a police ‘final warning’ for a sexual offence – pulling down a girl’s trousers at school – although he had denied any sexual intent.

The council’s failure to safeguard his legal rights could have serious consequences for his future job prospects.

The Ombudsman recommended that the council take specific action in each case and pay sums of compensation to remedy the injustice to the parents and foster parents who complained.

Her report recognised that the council had reviewed and reorganised its education and children’s service and therefore she did not recommend further review.

She said: “I recognise that the council has taken significant steps...to improve the personal education plans for looked after children and statements of special education needs”.

The reorganisation of education and children’s services has brought them together in a unified management structure that should be fully implemented by the end of this year to provide a single integrated service for the most challenged families, her report noted.

A council spokesman admitted that it was “unacceptable that these young people did not receive the standard of care and education they deserved”.

In a statement, Nigel Richardson, director of children’s services, added: “We fully accept the Ombudsman’s findings that there were significant failings. We are extremely sorry to the young people, parents and carers and wish to meet with them to hear their story and apologise directly.

“These cases were isolated incidents and certainly not a common reflection of our special schools. They all happened several years ago and since then we have made significant changes and improvements across our services for children and young people.

“The impact of these improvements is reflected in the Ombudsman’s comments.”

He said the reports would be used to improve practice.