
The Local Government and Social Care Ombudsman (“LGSCO”) is an independent body that deals with claims against local government involving 'maladministration leading to injustice'; essentially flaws in policies and decision making and poor administrative practice. The LGSCO can look into situations where processes which should have been followed were not followed, or were done unacceptably, and this has led to injustice. Situations in which parents/carers of children or young people with Special Educational Needs and Disabilities ("SEND") might ask the LGSCO to investigage include where a local authority:
Does not provide home-to-school transport that a child is legally entitled to;
Fails to comply with legal deadlines to carry out an EHC Needs Assessment or issue an EHC Plan;
Fails to ensure the provision in Section F of an EHC plan is being delivered;
Fails to make any or sufficient Alternative Provision for a child unable to attend school;
Does not agree to follow a SEND Tribunal recommendation about social care, or does not respond to the recommendation within the five weeks allowed by law.
The LGSCO will not investigate complaints where they relate to issues that could be the subject of appeal to the SEND Tribunal, such as the refusal by a local authority to conduct an EHC Needs Assessment or the content of an EHC Plan.
To raise a complaint to the LGSCO, parents/carers must usually have already been through all stages of their local authority’s internal complaints procedure, and must do this within 12 months of them knowing about the issue. Remedies available to the LGSCO include requiring local authorities to issue apologies and review policies as well as putting right any continuing failures.
Whilst the LGSCO is able to award monetary payments, these are deemed to be remedies for injustice, rather than compensation or punishment. The purpose of the award is to return the complainant to the position that they would have been in but for the local authority’s failure. Such payments are often (very) modest and intended to be largely symbolic. In cases of temporary loss of amenity, such as a lack of any/appropriate Alternative Provision, the LGSCO may recommend a payment in the range of £100 to £500 a month until a permanent solution is found (i.e. the child returns to education).
SEND Advocacy can advise you on whether a complaint to the LGSCO is worth pursuing and how best to do this. If you need someone in your corner to help you secure the education your child or young person deserves, contact us today.
Comentarios