REPORT OF THE LOCAL GOVERNMENT OMBUDSMAN

1. The Committee has considered a report of the Local Government Ombudsman following his investigation of a complaint against the County Council. A copy of the Monitoring Officer's report on the outcome is attached. The complaint concerned failure to ensure provision of speech and language therapy in accordance with the provisions specified in a statement of special educational needs. A Primary Care Trust was responsible for provision of the speech and language therapy, but in the event, the service was unavailable for a period because of staffing and other difficulties and the Local Education Authority had not been informed of this. The Ombudsman has made no formal recommendation as he is content with the County Council's settlement which has been agreed with the complainant. However, he has published a report on the issues concerned because he considers them to be in the public interest. The general principle established is that the Local Education Authority remains ultimately accountable for the provision of speech and language therapy referred to in special educational needs pupils statement even though primary responsibility for its provision rests with the National Health Service.

2. The Committee point out that the complaint arose from a very unusual combination of circumstances. The result was that the pupil had not received the service to which he was entitled, but that he had not been seriously disadvantaged.

3. The Committee has therefore noted the report of the Local Government Ombudsman and has endorsed the action taken to reduce the likelihood of such events recurring. They have also endorsed action taken to settle the complaint, namely a payment of £150 to the complainant and provision of ICT equipment/software to the value of £500 to the school the pupil now attends to enhance development of his language and communication skills. They have arranged to draw to the attention of all County Council services the implications of the Ombudsman's decision that the County Council remains accountable for delivery of service when it has contracted or agreed with another body for provision of that service. Effective monitoring is therefore essential.

4. The Committee has advised the Local Government Ombudsman that, in the circumstances of the complaint, it would have been appropriate for it to have been investigated jointly with the Health Services Ombudsman. They have also drawn the report to the attention of the two Primary Care Trusts involved in view of the implications for them. In addition they have asked the County Education Officer to notify all schools that, in respect of their statemented children where speech and language therapy or other contracted services are provided, the Local Education Authority should be informed as soon as possible if any children fail to receive such services.

5. The Committee is required to report to all County Councillors on the outcome of adverse Ombudsman reports and to advise them on the measures and remedies taken as a result. The full report will be forwarded to the Cabinet for their comments, and a report will also go to the Education Policy Review Committee in due course.

COLIN DAVIDOVITZ

Chairman

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