Local Government Ombudsman

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Council failed vulnerable care leaver

Archived press release

Date Published: 27/05/09

The London Borough of Lambeth failed a young person who looked to the Council for support, advice and assistance when leaving its care.

The London Borough of Lambeth failed a young person who looked to the Council for support, advice and assistance when leaving its care, finds Local Government Ombudsman, Jerry White. In his report, issued today (27 May 2009) he says: “The Council is expected to act just as a good parent would to help, support and encourage a young person brought up in the care system to make a successful transition to independence and adulthood.”

‘Mr Smith’ (not his real name for legal reasons) was in the Council’s care from February 2000 when he was 13. According to his psychotherapist, Mr Smith had bouts of reactive depression. His solicitors complained on his behalf that there were shortcomings and inadequacies in the services provided to him and that the Council failed to take account of his vulnerability when assisting and supporting him. They say Mr Smith has suffered distress, frustration and uncertainty as a result of the Council’s shortcomings.

The Council had a contract with a separate company to provide a personal adviser and pathway planning service until Mr Smith reached the age of 21 (July 2007). He received therapeutic care and financial support from a charity.

The Ombudsman finds that:

  • the council failed to take full account of Mr Smith’s vulnerability when assessing and supporting him, or to ensure that key information was supplied to his personal adviser;
  • social services did not assess Mr Smith’s needs, including his financial needs, in 2006 before he started his diploma course or to prepare a detailed plan for his education;
  • there were shortcomings in the pathway plans prepared in March 2006, September 2006 and March 2007, and a failure to follow through agreed action; and
  • Mr Smith did not receive the support and assistance he should have done from his personal adviser.

The Ombudsman considers these shortcomings are service failures, failures to provide a service or maladministration, causing injustice to Mr Smith.

“In my view Mr Smith is to be commended for his attempts to pursue his education despite the lack of clarity on financial matters and consistent support from the Council,” said the Ombudsman.

To put things right the Ombudsman recommends that the Council should:

  • complete the review of Mr Smith’s pathway plan as quickly as possible so that he has clarity with regard to financial matters and the support that the Council will provide for him;
  • pay Mr Smith £5,000 in recognition of the injustice he has suffered as a result of the Council’s maladministration; and
  • pay the charity £2,000 as some recognition of the role it has played in Mr Smith’s life in the absence of effective support from the Council.
     

Report ref 08 013 283