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.