Somerset County Council
Annual statistics ?Find out more about annual statistics
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Complaints upheld
86% Complaints upheld by Somerset County Council
86% of complaints we investigated were upheld.
This compares to an average of 80% in similar authorities.
25 upheld decisions
View upheld decisionsAdjusted for Somerset County Council's population, this is
4.4 upheld decisions per 100,000 residents.The average for authorities of this type is
3.4 upheld decisions per 100,000 residents.Statistics are based on a total of 29 detailed investigations for the period between 1 April 2022 to 31 March 2023
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Compliance with Ombudsman recommendations
100% of cases were successfully implemented by Somerset County Council
100% of cases we were satisfied the Council had successfully implemented our recommendations.
This compares to an average of 100% in similar authorities.
Statistics are based on a total of 22 compliance outcomes for the period between 1 April 2022 to 31 March 2023
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Satisfactory remedies provided by the Council
0% Complaints with satisfactory remedy provided by Somerset County Council
In 0% of upheld cases we found the Council had provided a satisfactory remedy before the complaint reached the Ombudsman.
This compares to an average of 6% in similar authorities.
0 satisfactory remedy decisions
Statistics are based on a total of 25 detailed investigations for the period between 1 April 2022 to 31 March 2023
View all satisfactory remedy decisions
Annual letters
We write to councils each year to give a summary of the complaint statistics we record about them,
and their performance in responding to our investigations.
Public reports ?Find out more about public reports
In the last nine years, the Ombudsman has published the following public interest reports against Somerset County Council
Somerset council took too long assessing disabled woman’s care needs
Somerset County Council has been criticised by the Local Government and Social Care Ombudsman after taking too long to assess a vulnerable woman’s care needs.
Somerset County Council fails to complete assessment of woman’s needs
Somerset County Council has been asked to complete its assessment of a disabled woman’s needs following an earlier complaint to the Local Government and Social Care Ombudsman.
A council which failed to alert border agencies when a mother took her children to Australia without their father’s consent, has been asked by the Local Government Ombudsman (LGO) to pay the father’s expenses to return them.
Council fails for a second time to provide therapy for Somerset boy with special educational needs
Somerset County Council has for the second time left a vulnerable boy with disabilities without the speech and language and occupational therapy support he needs, because officers did not know how to find him a therapist.
Councils reminded they can contract out services, but they cannot contract out accountability
The Local Government Ombudsman (LGO) is reminding councils that although they can contract out services, they remain responsible for the quality of any service those contractors provide, and for addressing any complaints users of services may have. This accountability remains irrespective of whether the provider is a private company, a third sector organisation or another publicly-funded body.
Service improvements ?Find out more about service improvements
Since April 2018, the Council has agreed to make the following improvements to its services following an Ombudsman investigation. We list up to 10 cases below – click ‘view all’ if there are more.
Case reference: 22 017 654
Category: Education
Sub Category: Special educational needs
- Remind staff of the timescales set out within the SEN code of practice for issuing and reviewing EHC plans
- Remind staff it is the Council's responsibility to ensure education provision is in place if a school failed to make alternative provision even if the child remain on a school roll.
Case reference: 22 017 441
Category: Children's care services
Sub Category: Friends and family carers
- The Council will review its procedures for handling statutory complaints about children's services.
- The Council will remind relevant staff by training or other means the importance of following the correct complaints procedure, and to adhere to the timescales of them.
- The Council will inform all special guardians of the new web site it is setting up solely for them. This will be by email and in the quarterly newsletter.
Case reference: 22 016 914
Category: Education
Sub Category: Special educational needs
- The Council agreed to develop and incorporate a way of monitoring outstanding and/or delayed post annual review reports from the educational providers. This should enable the Council to act promptly and chase the school providers for the annual review reports and ensure the Council meets its own statutory duties with regards to issuing final amended EHC plans following an annual review.
Case reference: 22 015 725
Category: Education
Sub Category: Special educational needs
- The Council agreed to issue advice to all relevant staff dealing with education health and care needs assessments that when it receives requests for specialist advice, it must consider those on their merits. It must engage with the reasons put forward by the parent for requesting specialist advice and consider any supporting evidence they provide in support of such a request. This was after the Council failed to properly consider evidence provided by the complainant who wanted it to seek specialist advice as part of such an assessment.
Case reference: 22 014 143
Category: Education
Sub Category: Special educational needs
- The Council has agreed to show that it has improved its availability of social care staff so it can meet the social care needs of children with Education, Health and Care Plans.
- The Council has agreed to remind relevant staff that where families do not wish to undertake direct payments to manage their children's social care needs, it must provide meaningful alternative options for their social care.
Case reference: 22 013 251
Category: Education
Sub Category: Special educational needs
- The Council will remind its SEND Team staff to complete the Education, Health and Care Plan process within statutory timescales.
- The Council will complete a review of its School Transport Policy to ensure it includes free school transport entitlement to children, or young people, of compulsory school age who receive education other than at school at a relevant educational establishment in line with the Education Act 1996.
- The Council will remind its School Transport team to log and share complaints with the Council’s Customer Experience Team without delay to ensure it can respond to complaints within the timescales set out in the Council’s Complaints Policy.
Case reference: 22 012 687
Category: Education
Sub Category: Special educational needs
- The Council agreed that it would brief all staff who work on annual reviews for children and young people with special educational needs who have an education, care and health plan on our expectations for remedying complaints and good administrative practice. In particular, to stress the importance of prioritising complaints which allege delay in the review process; to informing parents where the timescales set out in the review process will not be met; and to consider making symbolic payments in appropriate cases where delays have resulted in injustice.
- The Council also agreed that it would present a copy of this decision to the Lead Member and appropriate committee with oversight of education for children with special educational needs. It would accompany this with a report setting out its performance in processing annual reviews, following an increase in resources for 2023/24. Members would be invited to note our decision and consider what further steps may be needed to meet statutory review timescales which we found were being frequently missed.
Case reference: 22 010 348
Category: Adult care services
Sub Category: Domiciliary care
- Remind staff about the importance of providing all relevant information about a person’s needs when commissioning care and of providing an assessment and support plan.
- Remind staff about reviewing support packages within the statutory timescales and when a person’s circumstances change.
- Ensure staff supporting people with autism via commissioned services are appropriately trained in autism.
- Through contract monitoring with Lifeways ensure processes are in place so: -1. assessments and support plans are in place for service users;2. staff are aware and complete risk assessments when they are needed;3. staff are aware of when to complete incident reports and the forms used are fit for purpose;4. systems are in place so staff are aware and can use behavioural support tools effectively;5. there are consistent contracts in place which outline the steps needed before someone is given notice.
- Review the Council’s contracting in general to ensure as far as possible contracts are in place and are routinely reviewed so they are consistent in how and when care providers can give notice. This may involve considering and reminding departments of their responsibilities towards contract compliance and the way they are interlinked. Once this is completed remind staff about the notice period required and the steps organisations need to take before they can evict someone.
Case reference: 22 006 674
Category: Education
Sub Category: Special educational needs
- The Council will reflect on the issues raised in this decision statement and identify any areas of service improvement, particularly around communication with parents and delay in the EHCP process. It should also review its policies and procedures to ensure the Council retains oversight and responsibility for its duties to children unable to attend school, complaint handling and receipt of annual review paperwork. The Council will prepare a short report setting out what it intends to do to ensure similar problems not reoccur. This report should be sent to the Ombudsman.
Case reference: 22 003 419
Category: Education
Sub Category: Special educational needs
- The Council will share this decision with SEND staff reminding them to follow statutory time limits and to put in place alternative provision without delay.
Last updated: 4 April 2015