Essex County Council (05A01826) & Kent County Council (05A04531)

Children and family services & Special educational needs

Maladministration causing injustice (by both Councils)

04 December 2006

‘John Moore’ (not his real name for legal reasons) has learning difficulties and emotional and behavioural problems after experiencing neglect and abuse. He has the needs of a much younger child. He was looked after by Essex County Council and had a statement of special educational needs. With the help of his advocate and solicitor, he complained about both Councils following a decision to move him to a residential placement in Kent. The Ombudsman concluded that Essex had been at fault in deciding to move him to Kent when it was told there was no suitable education available, while Kent was at fault in failing to provide appropriate education while he was living there.

Both Councils owed duties to John Moore and, sadly, neither met them, said the Ombudsman, but instead blamed each other. “Eventually John voted with his feet and found his way back to Essex. It is unacceptable that such a vulnerable young person should have to do this.”

“The case has highlighted serious issues in relation to the way ‘looked after children’ are cared for, the problems of liaison between different councils and different staff within the same council, and the availability of special education in Kent. In view of the problems identified, it is possible other children may not have had the education to which they were entitled.”

The Ombudsman finds maladministration causing injustice. Essex has already made changes to its procedures as a result of this case. The Ombudsman makes a number of recommendations for further actions to be taken by both Councils and recommends Essex County Council to pay £8,000 compensation and Kent County Council £5,000.

Date Updated: 28/01/09