Comprehensive and spectacular failures over child in care

Archived press release

Date Published: 01/07/09

Failures by the former Cheshire County Council led to a child in its care never attending secondary school.

Failures by the former Cheshire County Council led to a child in its care never attending secondary school, finds Local Government Ombudsman, Anne Seex. In her report, issued today (1 July 2009) she says: “It failed, comprehensively and spectacularly, to fulfil its responsibilities for [the child] or to promote her welfare.”

L is now a young woman of 20. When she was a small child she was on the child protection register and then, from the age of twelve-and-a-half, in the care of the Council but placed to live with her mother. L’s mother suffered from mental illness and was prone to volatile, violent and sometimes bizarre behaviour. L was a bright child but from Easter 2000 her mother stopped her from attending her last year at primary school and, despite being in the Council’s care from February 2002, L reached school leaving age in 2005 without ever attending secondary school. L’s only education from the age of 10 was a maximum of 10 hours a week with a tutor at the local library, but there were significant periods without any education at all.

With the help of the National Youth Advocacy Service (NYAS), L complained to the Council. Although it accepted some fault, L was dissatisfied and complained to the Ombudsman, saying:

“How can they say they know what I wanted when I was only seeing someone every year or so and they were always changing…

“They are making it seem like they were being good to me, listening to me and allowing me not to go to school. I wanted to go to school.”

While recognising that L's age and declared desire to stay with her mother posed considerable challenges, the Ombudsman found numerous, serious, specific failures as well as the overarching maladministration of failing to fulfil its parental responsibility for L or to promote her welfare.

The Ombudsman said: “L was and is capable of achieving a level of education and qualifications that could make a very significant difference to her earning potential. Although she is succeeding in her current chosen career, it is not secure and her lack of education and qualifications may become a major disadvantage for her. The injustice caused to L by the Council’s maladministration is long term and enduring.”

Elena Fowler, NYAS Chief Executive Officer, said: “NYAS is delighted that advocacy support through the complaints process has resulted in a real victory for the voice of vulnerable children and young people. It is evidence of the plain fact that above all else, children and young people want to be recognised and valued. Had it not been for the special role of advocacy this outcome would not have been achieved. NYAS has provided independent help and support in a system which at times is difficult for adults themselves to navigate. We are extremely pleased to have been able to assist L to persist in her complaint and to have finally been heard properly.”

The Ombudsman recommends that Cheshire East Council, as successor to Cheshire County Council, should:

• apologise to L;
• agree with her a detailed plan for delivering the previous commitments made by the County Council; and
• make £45,000 available either for immediate investment in purchasing a home (by a shared ownership scheme if necessary) or to be held in an interest-bearing account and released to her when she is 30 years of age or in equal annual thirds when she embarks on and maintains a programme of education leading to qualifications – whichever is the sooner.

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