Decision details

Decision to Award Compensation as Recommended by the Local Government Ombudsman - MAY23/CMDN/120

Decision Maker: Cabinet Member for Children’s Services, Education, Skills and the University

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

The Cabinet Member is recommended toauthorise the payments of £1,350 to reflect the distress to Miss X: 

 

·         Pay Miss X £1200 for the educational benefit of B, to recognise the impact of its failings on B’s education.  

·         Pay Miss X £150 to acknowledge the distress caused by the faults identified in this statement. 

 

Total financial remedy of £1,350in line with the settlement amount recommended by the Local Government Ombudsman.  

 

Reasons for the decision:

The LGSCO investigated a complaint where Miss X complained that the Council has failed to offer her son suitable alternative provision, to secure the provision in her son’s education, Health and Care Plan and to consult with providers suitable for her son. The LGSCO found that the Council was at fault for failing to provide Miss X’s son with alternative education. This caused distress to Miss X and B has been out of education. The LGSCO have made several recommendations to address the injustice caused by these faults two of which are a financial remedy detailed in the recommendations section of this CMDN.

Alternative options considered:

The Local Government Ombudsman cannot make the Council do what is suggested in their Notice of Decision, however if the Council were to disagree with the suggested remedy the Ombudsman may be required to write a formal report in response to this.  Where a formal report against a Council is issued the Ombudsman will make this public unless there are special reasons not to. 

 

The complainants made a complaint to the Local Government Ombudsman about the Council’s decision and the subsequent investigation has identified evidence of fault and suggested the Council take steps to remedy the injustice. The Council agrees with the suggestions proposed by the Ombudsman. 

 

Interests and Nature of Interests Declared:

There were none.

Background Documents:

There were none.

Publication date: 18/05/2023

Date of decision: 18/05/2023

Effective from: 24/05/2023

Accompanying Documents: