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A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Ombudsman sees significant rise in proportion of Education and Children’s Services complaints, with uphold rate reaching record level

Complaints about Education and Children’s Services now make up nearly a quarter (24%) of the Local Government and Social Care Ombudsman’s workload – up from just 17% of complaints in 2014, it has emerged.

The Ombudsman’s latest annual complaints statistics has also revealed that the average uphold rate for these types of complaints when investigated has reached 84% - an all-time high.

The area making the largest proportion of its complaints about children and education is the South East, with 33% being about this area of work, compared with London in which it makes up just 12% of residents’ complaints.

In the London area, housing and homelessness make up the biggest area of concern (26%), compared with just 15% of complaints nationwide.

In the North complaints about Adult Care Services make up nearly a fifth (19%) of complaints, compared with a national average of 13%.

The annual review shows over the past year, from 15,488 complaints and enquiries it received, the Ombudsman made more recommendations to improve council services than ever before (2,412).

It also made 4,907 recommendations to remedy individuals’ personal injustice, with remedies including apologies, reimbursement of fees and reassessments for services which should have been provided.

The Ombudsman service added that in 99.3% of cases over the past year, local authorities had complied with and implemented its recommendations.

Paul Najsarek, Local Government and Social Care Ombudsman, said: “We all want decent education services for our children, quality care for our loved ones when they are in need, and the reassurance of a safety net if we fall on hard times but all too often the complaints we receive show this isn’t what people experience.

“We know councils face huge challenges, so it is more important than ever for them to focus on the getting the basics right in services for residents and handling complaints effectively. Although local authorities often get things right, we frequently find councils repeating the same mistakes, ploughing ahead and not taking a step back to see the bigger picture.”

He added: “Our latest statistics shed light on the harsh realities people across the country face in crucial aspects of their lives. Council leaders now need to focus on learning from common faults and injustices so they can make a significant difference to the people our local authorities serve.”

Responding to the Ombudsman's annual review, Cllr Abi Brown, Chairman of the Local Government Association's Improvement and Innovation Board, said: “Councils continue to deliver the crucial services that communities rely on, while also managing the ongoing situation with the cost of living and the challenges it brings to their areas.
 
“We are pleased to see the recognition of the great results from councils who have adapted their services based on recommendations, and it is positive that in 99.3% of cases councils are implementing recommendations made, showing that local authorities are determined to make sure these issues do not occur again. 
 
“Local government is one of the most trusted parts of the public sector with polling consistently showing higher satisfaction rates. Councils are always striving to do the best for their residents and deliver first class services.”

Harry Rodd