Over £8,000 paid in compensation by council

Cumberland Council paid more than £8000 in compensation in two separate education provision related complaints last year according to a new report, it has been revealed.

Members of the council’s standards and governance committee are due to meet at The Copeland Centre in Whitehaven on Wednesday (April 23) where they will be given an update on the Local Government and Social Care Ombudsman (LGSCO) report.

It covers the period between April 1, 2024, and February 28, 2025, and the total number of complaints received were 57 compared with 82 received between April 1, 2023, and March 31, 2024.

They were: 10 in adult social care; four in benefits and tax; four in corporate and other services; 19 in education and children; five in environmental services and public protection; nine in highways and transport; one in housing; and five in planning and development.

And, according to the report: 35 were closed after initial enquiries; two were referred back for local resolution; nine were upheld: and 11 were classed as open cases.

The report adds that, on April 10 last year, the council took too long to issue a final Education Health and Care (EHC) Plan, following a review.

It states: “During this time, the child has not been able to attend school due to the risk of harm. The council failed to ensure that the child received the provision set out in the plan or properly considered whether the council has met its legal duty to make sure it provides a suitable education.”

Following the ruling the council apologised to the complainant, known only as Mr B, for the faults identified in the decision findings and paid him a symbolic payment of £350 in respect of the distress caused by the delay in issuing the final EHC Plan which delayed Mr B’s ability to appeal to the tribunal.

In addition, the authority paid Mr B a symbolic payment of £4100 in recognition of the impact on K of the missed provision.

The report states: “This is calculated as one term or reduced provision (£900) and three terms of no provision at £1200 per term less a symbolic amount to recognise that the council provided some therapeutic provision. Mr B can use the money for the benefit of K, as he sees fit.”

According to the report the decision was shared with relevant staff and the learning action was to ensure EHCPs are issued in a timely manner following reviews and that the appropriate plan provision is being received.

The report states that, on July 9 last year, the council delayed putting in place alternative provision when Mrs B’s daughter could not attend school.

According to the report, within a month of the decision, the authority apologised to Mrs B for the distress and upset she experienced due to the faults identified in the decision.

As a result, Mrs B was paid £4150 and officers dealing with children unable to attend school were reminded of the need to consider what alternative provision is suitable for a child’s needs and “to put that alternative provision in place promptly”.

In addition, evidence was provided to the ombudsman of the measures the council has put in place to address alternative provision for children unable to attend school due to medical reasons.

Relating to the learning action the report states: “As part of the council’s revision of its Section 19 Policy it included provisions for panel meetings where the measures put in place by schools/parents are unsuccessful, with one of the possible outcomes being that LA support is required.

“Recommendations will then be made as to ‘The Cumberland Council Offer’ and the support that is required.

“The first panel was due to be held in the first half-term back after the summer holidays. This topic was also discussed at the Team Away Day on July 18, 2024.”

It is recommended that committee members note the contents of the report and continues to receive regular updates as to the number of ombudsman enquiries being received and the outcomes and learning from these investigations.