Decision details

42.1     The Lead Member considered a report by the Assistant Chief Executive and the Director of Children’s Services regarding a Local Government and Social Care Ombudsman’s (LGO) report of maladministration.  The Director of Children’s Services highlighted some amendments to the Post-19 Policy at Appendix 2 made since the publication of the agenda.   

DECISIONS

42.2     The Lead Member RESOLVED – to accept the findings and recommendations of the LGO  report and agree that  the following actions be undertaken by East Sussex County Council:

·  Review the cases of young adults (19-25) who have an EHC plan naming

an educational setting and who were refused transport at appeal in 2018

and 2019. The review will consider if others have been similarly affected by the fault identified in this report.

·  Write to the young adults identified in its review (those affected by the fault identified in this report) and invite them to reapply for travel assistance (if still relevant) under its revised policy. There were five appeals for the academic year 2018/19 and seven appeals for the academic year 2019/20.

·  Review its policy on post-16 (to 25) SEND travel (2019) and revise it to   properly reflect the test set out in law. The policy should be clear that the Council has a statutory duty to provide transport to post-19 learners if it is

   considered ‘necessary’, not exceptional.

·  Properly reflect in its revised policy the difference between the approaches the Council should be taking for young people aged 16-18 and those over

   19.

·     Make the finalised policy available on its website.

Reason

42.3   The LGO  has power under the Local Government Act 1974 to investigate and issue reports concerning allegations of maladministration or service failure. Details of complaints made to the LGO are reported to members at Cabinet and Council through the Council quarterly monitoring report.

42.4   The LGO have concluded that there was maladministration on the part of East Sussex County Council and has therefore issued the report which is attached as Appendix 1.   The report is issued to the Council under s31 of the 1974 Act and must be reported to Council or an appropriate Committee and the Council must confirm within three months the action it has taken or proposes to take.

42.5   The Governance Committee considered a report on this matter at its meeting on 21 April 2020 and agreed to accept the action recommended by the LGO and also agreed to recommend that the Lead Member for Education and Inclusion, Special Educational Needs and Disability agrees to them.