Overview:

Key to names used

• Ms X The complainant

• Y Her foster child

• Social worker 1 Y’s current social worker Social worker 2 Y’s previous social worker

• School A A mainstream school

• Site B A wellbeing project

• School C An independent special school, not on the section 41 list

• Site D A wellbeing project

• School E An independent special school, not on the section 41 list

• School F An independent special school, not on the section 41 list

• School H A community special school

• School I A community special school

• School J A mainstream school

• School K A mainstream school

• School L A community special school

• School M An independent special school

• School N An academy special school

• School O A community special school

• School P An independent school

• School Q An academy special school

• School R A community special school

• School S An independent special school

• School T An independent school

• Site V A wellbeing project

Summary

Ms X complained about how the Council handled the education and met the special educational needs of her foster child, Y, who she looked after under a kinship care arrangement. She said Y missed out on special educational provision and was isolated from all other children, which affected Y’s education and wellbeing, caused Ms X frustration and distress and put Y’s placement with her at risk. Since 2019, Worcestershire Children First has provided children’s services functions, as a wholly Council owned company, on behalf of Worcestershire County Council, following a direction by the Department of Education. This has included having a Chairperson and Board made up of non-executive and executive Directors who were responsible for the day to day running of the Company. Where an organisation is providing services on behalf of a council, we can investigate complaints about the actions of these providers, but the council remains responsible for the services, actions, and our recommendations. (Local Government Act 1974, sections 24A(1)(a) and 25(7), as amended).

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)

Within one month of this report the Council will:

• Write to Ms X and apologise for the injustice its faults caused to her and Y. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council will consider this guidance in making the apology we have recommended.

• Place a copy of the apology letter and this report on Y’s case file.

• Pay Ms X £9,060 to recognise the combined five and a half terms of education and special educational provision Y missed between June 2022 and April 2024.

• Pay Ms X a symbolic amount of £1,000 to recognise the injustice caused to Y by its two-year delay in providing therapeutic support to them as a looked after child.

• Pay Ms X a symbolic amount of £1,000 to recognise the injustice caused to her by the Council’s faults.

The payments we have recommended total £11,060. They are in line with our guidance on remedies and take into account Y’s vulnerabilities as a looked after child with special educational needs and the length of time the situation has been unresolved for. Ms X should use the £10,060 payment recommended for the injustice caused to Y, for Y’s benefit as she sees fit.

Within three months of this report the Council will review the training provided under its SEND improvement plan. It will ensure the staff involved in Y’s case receive that training, and that it covers:

• the timescales for reviewing and amending Education, Health and Care (EHC) Plans;

• how and when the Council can direct a school to admit a child;

• naming a parental preference school in an EHC Plan;

• not naming a school that a child or young person should attend in a draft EHC Plan; and

• decision and appeal rights for reassessment requests. The Council has accepted our recommendations.

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