Suffolk County Council figures show rise in number of complaints and spend on financial remedies over children’s services

Campaigners have said the ‘significant’ rise in financial remedies paid out by a council to families over its children and young people’s services ‘demonstrates a continuation of failures’.

Figures show Suffolk County Council (SCC) paid a total of £272,315 across 94 cases concerning its children and young people’s services (CYP) department in 2023/24 – an increase of £219,232 since 2021/22.

This figure accounts for the bulk of financial remedies paid out by the authority in the last financial year (it was £285,580 across all directorates) and the majority relates to remedies paid by the inclusion service.

Inclusion covers: SEND (special educational needs and/or disabilities) services, education psychology, SEND funding, education and skills, provider services and specialist education services.

The report to the county council’s audit committee, which is meeting tomorrow, revealed a rise in complaints concerning CYP of 126 from 2022/23 to 2023/24, taking the number to 626 – more than for any other directorate.

Andrew Reid, cabinet member for education and SEND at SCC, said it was ‘hugely disappointing’ that complaints within CYP continue to rise, and added the authority continues to prioritise SEND reform.

Complaints relating to inclusion are the main driver for overall increases in complaints in CYP, the audit committee report said.

Complaint themes are shifting away from a lack of provision to the Education, Health and Care Needs Assessment (EHCNA) process, with the majority linked to delays in educational psychology assessments, it added.

Emma Eveleigh, speaking on behalf of the Suffolk group Campaign for Change (Suffolk SEND), said it was ‘very disappointing’ to see complaints in CYP have risen over the last year.

She said: “The significant increase in financial remedies paid out to families merely demonstrates a continuation of failures and SCC’s avoidance of properly addressing the issues within their SEND services.”

She said the fact £104,630 of the ‘whopping’ £272,315 paid out last year only came after an LGSCO (Local Government and Social Care Ombudsman) decision and recommendation ‘demonstrates SCC are still not offering enough and still not taking their service failures seriously’.

She added: “We need to remember that no amount of financial remedy ever compensates a SEND child for the lack of appropriate SEND support, loss of education and the other significant and often severe consequences that arise from the failures of Suffolk SEND services, including the trauma it causes to the child and their family.

“Families want change and improvements - not a lousy pay off.”

Emma said for years families had been promised improvements, and referenced the Lincolnshire Review, the large sums spent on consultants, the SEND services inspections that highlighted failures, and, more recently, the Department for Education’s deep dive report into Education, Health and Care (EHC) statutory processes in Suffolk.

EHCPs are legal documents specifying the SEND support youngsters must receive.

Claire Smith, chair of Suffolk Parent Carer Forum, which is the strategic consultative body for SEND services in Suffolk, said for families complaining was a ‘last resort’.

She said: “They are not after compensation but a suitable education for their children. Throwing money at a problem doesn't make it go away!

“I am continually raising the issue as families are not even having a good experience when they complain. They feel shut down, gaslit and their complaints not answered.

“We have even seen staff responding to complaints about themselves and families told their behaviour is unreasonable if they do not agree with decisions.”

She said she was pushing for clearer communications on the complaints process and for themes to be recognised.

She added: “If legislation was followed and opportunities taken to resolve problems there would be less formal complaints and less compensation which could be used for securing the education Suffolk’s SEND children are entitled to.”

Mr Reid said: “It is hugely disappointing that complaints within the children and young people directorate continue to rise.

“Sadly, these figures are not a surprise to us – we know where our problems exist, and – most importantly – we know what we must do to improve.

“We have seen the nature of our complaints within SEND services change. They have moved from a lack of SEND provision, following the completion of more than 1,000 new specialist places across Suffolk, to the provision and timeliness of education, health and care plans (EHCPs) and needs assessment.

“Improving our EHCP process is a huge focus for us and our progress is under scrutiny by the Department for Education. Our results are showing steady improvement and last month, we finalised the highest number of plans.”

Cllr Reid also said it was important to note that demand for the council’s SEND service increases each year, with the numbers of EHCPs rising from 5,842 to 9,024 in the last four years.

“This increase has put an exceptional pressure on our teams, wider partners and our finances,” Cllr Reid said.

“However, we continue to prioritise SEND reform and invest millions of pounds into strengthening our internal teams, working practices and partnership work to deliver the service that children, young people and their families need.”

The audit committee report also said 70 per cent of complaints in CYP were either fully or partially upheld in 2023/24, which is down four per cent on 2022/23.

Overall, escalation of complaints beyond Stage 1 continues to reduce, which the report said was driven by Customer Rights working with directorates to ensure that complaints are fully considered, in line with LGSCO expectations, at the early stages of all processes.

It also said the increased costs for financial remedies were in line with the council enhancing its focus on early remedy within LGSCO guidelines.

The LGSCO updated its guidance on remedies in 2023/24, with increased financial amounts recommended in some areas of complaint.

The LGSCO recommends ways for authorities to put things right when fault has caused injustice and monitors compliance with the recommendations they set.

Suffolk’s level of compliance for 2023/24 is 100 per cent - an increase from 96 per cent in 2022/23.