Local Government Ombudsman
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Surrey County Council (04A00818 + 1 other)

Children and family services & Special educational needs

Maladministration causing injustice

29 September 2005

‘Mr and Mrs Tracey’ have a 17-year-old son, ‘Allan’, (these are not their real names for legal reasons) who has autism, severe learning disabilities and very challenging behaviour. Mr and Mrs Tracey complained that the Council failed to arrange a residential placement for him that would meet his assessed needs, and failed to make adequate interim provision for him while awaiting a placement. Mr and Mrs Tracey were left to care for Allan for 15 months with very little support.

Throughout this period Allan Tracey was deprived of the education to which he was entitled. Mr and Mrs Tracey suffered considerably. Their health suffered from the strain of having to care for Allan, as a result of his violent behaviour they both received injuries following assaults by him, and damage was caused to their home. They suffered a loss of income as a result of giving up their jobs to look after him.

The Ombudsman finds maladministration causing injustice and recommends that the Council:

  • reviews its procedures for carrying out assessments;
  • where placements are being sought, ensures proposals are confirmed in writing, and where such proposals are not definite, puts contingency plans in place in case the proposal does not happen; and
  • pays Mr and Mrs Tracey compensation of £60,000.
     

Date Published: 21/04/09