Issue - meetings

The purpose of this report is to formally present a report published by the Local Government and Social Care Ombudsman on 8 May 2025, about Education and Children’s Services.  The Ombudsman found that the Council had failed to take any action when a concern was raised when a nursery asked for a mandatory top-up charge for its free education places which it was not allowed to do.  The Ombudsman has found that the Council was at fault and has caused injustice to the parent, Mr .X.  The Local Government and Social Care Ombudsman has asked the Council to accept its findings.

The published report can be found at Appendix 1 to this report.

The Monitoring Officer (MO) presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'G' to these Minutes in the Minute Book.

Appendix 1 of the report presented a report published by the Local Government and Social Care Ombudsman on 8 May 2025 in response to a complaint about the Council’s Education and Children’s Services. The Ombudsman found that the Council had failed to take any action when a concern was raised when a nursery asked for a mandatory top-up charge for its free education places which it was not allowed to do.  The Ombudsman found that the Council was at fault and had caused injustice to the parent, Mr X. The Ombudsman had upheld Mr X’s complaint and had asked the Council to accept its findings.

The MO explained the reasons for the delay between the Ombudsman’s report and the final adjudication. It was noted that one of the causes in not dealing with the original complaint correctly would be addressed through the Council’s new centralised complaints service. Members were advised that the Council had now updated all nursery providers. It was noted that the Department for Education (DfE) guidance had been revised in 2024. The Ombudsman was aware of the committee report and was positive about the proactive steps taken by the Council to address the issues raised in the complaint. The Portfolio Holder for Children, Young People, Education and Skills had been in contact with Mr X to provide assurance and it was noted that Mr X would be notified of the committee’s decision as soon as practicable. The MO confirmed that no responses were received to the statutory advertisement/publication of the report.

The MO suggested that the committee may wish to consider an item on the LGSCO’s and Housing Ombudsman’s dealings with the Council at an appropriate time, perhaps at the time their annual letters were received.  This was welcomed and it was also suggested that it would be helpful to provide a list of all bodies which local authorities were regulated by.

The Portfolio Holder explained that this had been a learning curve for the Council ahead of other local authorities experiencing similar issues regarding nursery providers and he reiterated that the government guidance had now changed.

RESOLVED that the Committee:

(a)  Considers and accepts the report published by the Local Government and Social Care Ombudsman published on 8 May 2025, which appears at Appendix 1 to this report;

(b)  Approves the reimbursement to Mr X of any “general extras” fees he paid to the nursery from 12 February 2021;

(c)  Approves the payment of £200 to compensate Mr X for his time and trouble in bringing the complaint

(d)  Notes that an apology will be made to Mr X

(e)  Notes the Council has asked the nursery to change its pricing policy so that it is line with the Guidance and Provider Agreement;

(f)   Notes the Council has met with other FEEE providers  ...  view the full minutes text for item 26