Summary: Miss X complained the Council has failed to provide wraparound or holiday childcare for children with special educational needs in the county. We found evidence of fault by the Council because it failed to make sure it was aware of the childcare needs of parents with children who have special educational needs. The Council agreed to apologise and make a payment in recognition of the injustice caused to her. It also agreed to tell Miss X about the childcare offer it can make to her this summer.

The complaint

1. Miss X complained the Council has failed to provide wraparound or holiday childcare for children with special educational needs in the county. She states this means there is nowhere she can safely leave her daughter, who has special educational needs, after school or during the school holidays and this means she is unable to work.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
4. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

Back to top

How I considered this complaint

5. As part of my investigation I have:
• discussed the complaint with Miss X and considered information she provided;
• made enquiries of the Council and considered its response;
• considered the relevant legislation and guidance; and
• set out my initial view on the complaint in a draft decision statement and I considered Miss X’s comments in response.

Back to top

What I found

6. (1) An English local authority must secure, so far as is reasonably practicable, that the provision of childcare (whether or not by them) is sufficient to meet the requirements of parents in their area who require childcare in order to enable them—

(a)to take up, or remain in, work, or

(b)to undertake education or training which could reasonably be expected to assist them to obtain work.

(2) In determining for the purposes of subsection (1) whether the provision of childcare is sufficient to meet those requirements, a local authority—

(a)must have regard to the needs of parents in their area for—

(i)the provision of childcare in respect of which the child care element of working tax credit is payable, and

(ii)the provision of childcare which is suitable for disabled children, and

(b)may have regard to any childcare which they expect to be available outside their area.

What happened

7. Miss X has a six-year-old child with special educational needs which are complex and require 1:1 care.
8. Miss X would like to work but she has been unable to find any wraparound or holiday childcare that can meet her child’s needs.
9. Unhappy Miss X complained to the Council at both stages of its complaints procedure. She said the Council was a fault for not ensuring there was adequate suitable childcare for her child in the county. She also said that while she is happy to pay the same childcare costs as neurotypical parents the additional costs of 1:1 care should be met by the Council.
10. The Council’s response to Miss X’s complaint said:
• It does not provide childcare itself. It works with a variety of childcare providers to meet the needs of families in its area.
• It was unaware there was not enough provision of wraparound or holiday childcare for children with special educational needs before receiving Miss X’s complaint. If it had been aware earlier in the year it would have worked with providers to see what provision could be secured.
• It is aware there is not enough wraparound and holiday childcare for school aged children. It is participating in the Department for Education (DfE) Pathfinder to help address this matter. As part of this it will feedback on the importance of providing support for children with special educational needs.
• It is reinstating its Wiltshire Short Breaks offer from April 2024 and is considering how to best address the sufficiency issues which have been raised in consultations.
• Officers have been in touch with Miss X to provide her with details of childcare providers in the local area and signposted her to services that could help her including the Wiltshire Parent Carer Council and its Local Offer. An officer from the Local Offer contacted Miss X to discuss other sources of advice and assistance.
• It provides information to parents about childcare options and settings in a directory available on its website.

The Council did not uphold Miss X’s complaint at either stage of its complaints process.

11. Unhappy Miss X complained to the Ombudsman.
12. In response to our enquiries the Council said:
• Since becoming aware of the issues raised by Miss X it has begun a review of how to offer wraparound and holiday childcare to children with complex needs. This includes liaising with providers, holding consultation meetings with parents and using information from other councils about how they have developed their provision.
• It is also working across its departments and with external bodies to develop a Wiltshire wide plan for wraparound and holiday childcare by this summer.
• It offers Short Breaks run by Barnardo’s in the holidays for children aged 6-18. It also offers Holiday Activity Fund (HAF) sessions for children with special educational needs.
• It is considering how it can use the DfE wraparound care offer to provide sustainable and accessible childcare for children with special educational needs, given the county is a large rural area and this presents a financial challenge for providers.
• Miss X has received support from her social worker who has arranged funding for 12 hours of support per week during holiday time via Direct Payments.
• It hopes to manage the cost of childcare for Miss X’s child by making her an offer through the HAF and Short breaks which her child could attend with a Personal Assistant (PA) funded by Direct Payments.
• It has invited Miss X to join its Parents Forum which is helping it develop its childcare offer.

Finding

13. Under Section 6 of the Childcare Act 2006 the Council has a duty to secure, so far as is reasonably practicable, the provision of childcare for parents or carers to work or undertake education or training. Section 6(2) also says the Council must consider parents’ needs for the provision of childcare which is suitable for disabled children.
14. To comply with the above duty, I would expect the Council to be aware of the number of children with special educational needs in its area that may need wraparound childcare and whether it has sufficient provision to meet their needs. The Council accepts that it was unaware of the provision issues raised by Miss X until she complained and therefore, I do not consider it meet it duties under Section 6 of the Act. This is fault.
15. Since learning of Miss X’s concerns the Council has taken action to establish the childcare needs of children with special educational needs and is in the process of developing a childcare offer. I am therefore satisfied that it is taking appropriate action to comply with its duties under Section 6 and I do not consider a service improvement recommendation is necessary.
16. If the Council had acted sooner the offer it is preparing to make this summer would, likely have been made sooner. The details of the offer aren’t available yet and so I cannot say if it will meet Miss X’s childcare needs. Both matters cause Miss X uncertainty because she does not know what childcare might have been available to her if the fault I identified had not occurred. She is also uncertain what childcare will be available to her this summer. This is an injustice.
17. Miss X states the Council should met the additional cost of 1:1 care for her child. I note that since receiving her complaint the Council has worked with Miss X and this has resulted in helping her secure additional funding via Direct Payments.

Back to top

Agreed action

18. Within one month of my final decision the Council will:
• Write to Miss X setting out the details of childcare offer it can make to her for this summer;
• Write to Miss X apologise to her for the fault I have found; and
• Pay Miss X £500 in recognition of the uncertainty caused to her by the fault I found.
19. The Council should provide us with evidence it has complied with the above actions.

Back to top

Final decision

20. I have found fault by the Council causing injustice to Miss X. The Council has agreed to my recommendations, and I have therefore completed my investigation.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman