Agenda item

To give consideration to the findings of the Local Government Ombudsman regarding the above complaint.

The Committee considered a report on the findings of the Local Government Ombudsman in response to a complaint made against the former Cheshire County Council. 

The complaint had been made by L who was a young person who had been subject to a care order. She had been on the child protection register as a small child and from the age of 12 taken into the care of Cheshire County Council but placed at home with her mother who suffered from mental illness and was prone to violent and volatile behaviour.  L’s mother stopped her from attending school during her last year at primary school and she reached school leaving age without ever having attended secondary school.  Her only education was a maximum 10 hours a week with a tutor at a local library although there were significant periods without any education.

The Ombudsman found that the Council was guilty of over-arching maladministration in that it had failed to fulfil its responsibilities for L or to promote her welfare as well as identifying a number of specific and serious instances of maladministration.  Before L complained to the Ombudsman, the County Council had recognised the difficulties with the case and had agreed that L should have access to leaving care services until she was 25 years old, receive financial support to undertake remedial education and receive “creative” help with appropriate accommodation.

The Ombudsman had recommended that Cheshire East Council as successor to Cheshire County Council should:

·        Apologise to L;

·        Pay L £1,5000 to reflect her time and trouble in pursuing her complaint and her distress caused by Cheshire County Council’s response to her complaint; and

·        Make £45,000 available either for immediate investment in purchasing a home (by shared ownership scheme if necessary) or to be held in an interest-bearing account and released to her when she is 30 years of age or in equal annual thirds when she embarks on and maintains a programme of education leading to qualifications – whichever is sooner.

The Ombudsman also recommended that both successor Councils should consider her report and undertake a review of procedures and practices to ensure good arrangements were in place to support children in their care.  The Committee was informed that arrangements had been made for the Head of Services for Children and Families, Cheshire East Council and the Director of Children’s Services at Cheshire West and Chester Council to meet with L and her advocate to formally apologise. 

The Strategic Director People reported that a number of actions had been taken in the light of the Ombudsman’s report including an examination of current caseloads, a review of practices and procedures was underway.  The Committee noted that new guidance had been issued regarding the statutory role and responsibilities of the Lead Member for Children’s Services and Members emphasised the importance of ensuring they were aware of all significant issues in their role as Corporate Parents.

The Strategic Director People outlined that there had been a national increase in referrals to children’s social care services as well as an increase in referrals to the National Society for the Prevention of Cruelty to Children (NSPCC). The Trade Union for public sector workers, Unison, had expressed concern regarding the morale of social care staff nationally. 

Cheshire East Council was currently reviewing its practice and procedures for intervening where there are concerns regarding child welfare, in line with Lord Laming’s report and the Government’s response.

Cheshire East had commissioned 2 Audit reports on front end services and children under 5 years of age who were subject to a Child Protection Plan.  The findings of both reports had now been received and a report would be presented to the next meeting of the Board on key development issues to be implemented. It was agreed that a Member Governance Group would steer the work and the associated Project Plan and that this would be a regular item on the Performance Task Group meeting chaired by the Chief Executive.  There would also be regular briefings to Ofsted, Governance Office North West and the Audit Commission. 

RESOLVED:  That

(a)   the Cabinet be advised that: the Committee supports the proposal to implement the recommendations of the Local Government Ombudsman contained in the Ombudsman’s published report.

(b) the Cabinet be urged to ensure that the Children’s Social Care budget is funded adequately.

(c) both the review of practices and procedures and the Redesigning Social Care Project be endorsed and this Committee be updated on a regular basis on the work of the Member Governance Group;

(d) Members be kept fully informed of all relevant issues to ensure that they can fulfil their Corporate Parenting role; and

(e) the visit to front line services by a small group of Members be deferred for the time being.