SPOTLIGHT

A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Ombudsman sets out “policy asks” including mandatory signposting for all adult social care providers, extended jurisdiction over schools

The Local Government and Social Care Ombudsman (LGSCO), Amerdeep Somal, has outlined a number of minimum steps needed in order to improve access to its service.

In a letter to the Levelling Up, Housing and Communities Committee Chair, Clive Betts MP, following a meeting, the LGSCO said: “We currently believe the following are needed as a minimum to improve access to our service and the quality of the services with our jurisdiction:

  1. Mandatory signposting for all adult social care providers to our service.
  2. Extending our jurisdiction so that we can consider the actions of a school fulfilling an Education, Health and Care (EHC) plan and complaints about Special Educational Needs and Disability (SEND) provision within a school for children and young people without an EHC plan.
  3. Give parents, pupils, and carers the right to an independent LGSCO investigation of complaints that have not been adequately resolved by their school.
  4. Update the LGSCO’s jurisdiction to ensure it accurately reflects all relevant local government arrangements and access to redress is ensured for all that need it.”

The Ombudsman noted the service was yet to receive a response from the Department for Levelling Up, Housing and Communities on the recommendations contained in its Triennial Review.

Somal said the service would be very grateful if the committee chair could write to the Secretary of State “to impress on him the need for a formal response to this review”.

Somal revealed it seeks to publish a revised Triennial Review “before the end of the year”.

Lottie Winson