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(UK) Derbs: >$300K paid to families for SPED failure

Oct 11, 2024, Buxton Advertiser: New report reveals how Derbyshire families with special educational needs children have been failed - and more than a quarter of a million pounds in compensation paid out

A new report details a litany of council errors that have led to more than a quarter of a million pounds in compensation being paid to Derbyshire families who have children with special educational needs.


The report from the Local Government and Social Care Ombudsman, largely details the complaints received and upheld by the council watchdog in response to issues raised over Derbyshire County Council’s handling of support for children with special educational needs.


It shows that over the last year (March 2023 to March 2024), a total of 55 complaints were investigated by the watchdog and 47 were upheld – 85 per cent.


This led to a total of more than £230,000 [$300,000] being paid out in compensation to failed families, up from £36,000 [$49,000] in the previous year.


The vast majority of these payments relate to the handling of education, health and care plans (EHC Plans), legal documents between the council, school, family and child outlining care provided to children with special educational needs.


As it stands, the council has more than 6,000 EHC Plans on its books, which has doubled in the past few years, and it had said that as of August it had already received 7,100 requests for these documents.


Meanwhile, just six per cent of investigations (three cases) found the council provided a satisfactory remedy to the issues raised by families before the watchdog’s intervention.


Furthermore, 40 per cent of the council’s responses to the watchdog were late, with the authority citing staff shortages and a “substantial” increase in complaints as the reasons for delays. . . .


Most of the complaints raised with the council and then the watchdog – due to insufficient remedies by the council – relate to delays in handling EHC Plans meaning children either go to school without sufficient support or remain out of school for months, entire terms and years.


Many EHC Plans and reviews are still not carried out in time, but the council says the issue has improved.


It has consistently said that the majority of complaints it was fielding related to a known period of insufficient service which “was not good enough” between 2022 and 2023.

All of this comes as the authority awaits the outcome of an Ofsted inspection into its special educational needs provision, carried out in September, which is due “later this autumn”.


The watchdog says it is “disappointed” in the council’s performance, writing: “In last year’s letter, concerns were raised about your council’s late responses to our investigation enquiries and it is disappointing to report we have had similar concerns this year with more than 40 per cent of responses delayed. . . .


 “I am aware of the difficult financial circumstances and service demands that make continuous improvement a challenging focus for the sector. . . .


Cllr Alex Dale, the council’s cabinet member for education, said: “SEND remains one of our most sensitive, important and complex areas of work which requires working closely with families, schools and other agencies on detailed assessments for each individual child who needs specific specialist support.



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