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Liverpool City Council (21 000 374)

Category : Education > Special educational needs

Decision : Upheld

Decision date : 20 Jun 2022

Overview:

Key to names used

Miss X The complainant

  1. Her child

  2. Her child

Summary

Miss X complained the Council failed to meet the assessed social care needs of her two children between July 2020 and January 2022. Miss X said the Council’s faults meant F and G lost out on a significant amount of care and development during this period.

Finding

Fault found causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

In addition to the requirements set out above, the Council should take the following action:

  • Write to Miss X and apologise and pay her £1,000 to recognise the distress, uncertainty and time and trouble caused to her when it failed to meet F and G’s assessed care and support needs between July 2020 and January 2022 and when it refused to pay Miss X a higher rate of direct payments;

  • Pay Miss X £350 to recognise the uncertainty and time and trouble caused by its poor handling of her complaint under the statutory children’s complaints procedure and the delay in implementing the stage 2 recommendations;

  • Pay Miss X a total of £7,200 (£200 for each child for each month of missed support) to acknowledge the impact on F and G from the lost opportunities and support and the distress caused when it failed to meet their assessed care and support needs between July 2020 and January 2022. Miss X should use this money for F and G’s benefit as she sees fit;

  • Review its Direct Payments Policy to ensure it is compliant with its duties under the Equality Act.

The Council has accepted our recommendations.

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