Case Ref: 25 000 184 Category: Adult care services Sub Category: Assessment and care plan

• The Council failed to carry out a new mental capacity assessment when it changed its view on a person's capacity to decide on their care needs. The Council has agreed to review its processes and train staff to ensure if there is a change in its assessment of someone’s capacity, this is based on a mental capacity assessment.

Case Ref: 24 021 977 Category: Education Sub Category: Special educational needs

• The Council will ensure that it responds to parent requests for evidence in an EHC needs assessment in writing setting out whether the request has been agreed and if not, why the Council does not consider the request to be reasonable.

Case Ref: 24 021 386 Category: Adult care services Sub Category: Safeguarding

• Remind Home 1 to ensure that care plans are adhered to.
• Remind Home 1 and Home 2 of the importance of good record keeping.

Case Ref: 24 021 176 Category: Environment and regulation Sub Category: Trading standards

• Send a reminder to Trading Standards officers that they should record the reasons for not prosecuting in the investigation documents, so there is evidence of Trading Standards decision making.

Case Ref: 24 020 005 Category: Education Sub Category: Special educational needs

• The Council agreed to remind relevant officers of the need to check and explore whether teachers and teaching assistants referred to in Education Health and Care plans meet any specified criteria set out.
• The Council agreed to remind relevant officers of the need to consider whether, in cases where teachers and teaching assistants referred to in Education Health and Care plans do not meet specified criteria set out, the provider, or the tutor themselves could take appropriate action to resolve the problem.
• The Council agreed to remind relevant officers of the need to promptly consider looking for an alternative tutor where teachers and teaching assistants referred to in Education Health and Care plans do not meet any specified criteria set out.

Case Ref: 24 016 102 Category: Education Sub Category: Special educational needs

• The Council was at fault for failing to ensure a child received the specialist provision set out in their Education Health and Care Plan following a SEND (Special Education Needs and Disabilities) tribunal hearing in July 2024. The Council has agreed to provide a copy of the tribunal triage process the Council has implemented to ensure that actions following an appeal are completed.

Case Ref: 24 010 840 Category: Adult care services Sub Category: Assessment and care plan

• The Council has agreed to share the decision with relevant Adult Social Care staff at team meetings and discuss the learning from the case regarding the support provided to care home residents who are able to make their own decisions and want to go home.

Case Ref: 24 010 774 Category: Children's care services Sub Category: Disabled children

• The Council agreed that it would share this decision statement with officers responsible for administering Disabled Facilities Grants in local housing authorities (District and Borough Councils) across the county. It would also share with those authorities a policy it would devise to ensure better information sharing. We were concerned to ensure housing authorities knew about occupational therapy (OT) assessments that decided a DFG was not necessary or appropriate . This was because such decisions were taken on behalf of those housing authorities. Also, to ensure that those authorities knew of the significant delays affecting the County OT service and that unsuccessful applicants knew of their right to complain to the housing authority, as well as (or instead of) the County in such cases.
• The Council also agreed that it would bring this decision statement to the attention of the relevant committee of elected Members with oversight of its OT service. In doing so, officers agreed to brief Members on Government guidance setting out the desired timescales for completing DFG applications, which presently cannot be met because of delays in OT assessments. The Council agreed it would put forward proposals to Members for how it could reduce those delays to meet Government expectations or as close as reasonably practicable.

Case Ref: 24 001 433 Category: Education Sub Category: Alternative provision

• The Council will review its processes in place for children on part-time timetable or not attending school to ensure there are mechanisms to make timely decisions on theCouncil’s alternative provision duty following the test set up in paragraph 29 of this decision.
• The Council will remind the front-line special educational needs (SEN) staff and their managers of the Council’s duties for children who are not attending their school. The SEN staff will review our Focus Report “Outof school, out of sight? Ensuring children out of school get a good education”.

Case Ref: 24 000 894 Category: Education Sub Category: Alternative provision

• The Council has agreed to remind all officers who respond to education complaints, of the Council’s duties under section 19 of the Education Act. In particular that it is the Council’s responsibility to make decisions about whether alternative provision is required for a child - not the school’s - and ensure its complaint responses reflect that.