'No apology' given to Swadlincote mum by Derbyshire County Council

By Graham Hill

17th May 2021 | Local News

A council has not apologised to a Swadlincote mum and her son after causing them significant distress, the mother says.

Last week, the Local Democracy Reporting Service covered the story of the mother and her 13-year-old son who were found to have been caused "distress" and "frustration" by Derbyshire County Council.

It had caused her son to stay at primary school a year longer, without his friends, due to extensive failings identified in an investigation from the Local Government and Social Care ombudsman – a council watchdog.

In a statement, issued to an array of media, including the LDRS, the county council claimed to have "apologised to the family".

However, the LDRS, speaking to the mother involved in the case – whose identity we are keeping confidential – says she was "shocked" to find the council claiming it had apologised, when she says it had not.

The woman – who we have renamed Jane Smith, said: "I just feel this is just another example of their failings.

"The systems that they have in place just do not work.

"Apparently a letter was sent to the LGO to show compliance but it was not sent to me. It is just another example of the failings at Derbyshire County Council."

The county council had said last week: "While we can't comment in detail on the individual complaint, the council has accepted the LGSCO's recommendations in relation to this case, we have apologised to the family, we have learnt lessons and put in place improvements to the way we support families with children's Education, Health and Care Plans."

Once challenged about the alleged lack of an apology, a council spokesperson said: "We were concerned to hear that the family had not received the official apology letter from March 25.

"We have rung to speak to the family today (May 17) to discuss and will send a copy of the letter via email today."

Ms Smith confirmed that she had received a phone call from the council to clarify that a letter should have been sent to her.

She suggested that the council only made contact with her to arrange a formal apology because it was raised with them by the LDRS.

At that stage, at 1pm May 17, she had not at that stage received a formal apology.

Ms Smith's complaints about the council's conduct stem back to the summer of 2018.

Her son – who we have named Michael – suffers from post-traumatic stress disorder, which is triggered by shouting and aggressive actions – commonplace in playgrounds where there is often yelling and scrapping.

The council failed to review her son's Education, Health and Care Plan in time for him to start secondary school with his peers.

An EHC Plan is a legally-binding document agreed between the council, school, parents and the child which lays out all of the specific support the child is entitled to and how it will be provided.

As such, Michael stayed at his primary school for an extra year, without his friends, with some one-on-one tutoring at a Year 7 level, with the rest of the time spent in a Year 6 class.

Michael did not start secondary school until September 2020, joining his friends in Year 8, then aged 12, with his mum distressed over the amount of time he spent without his peers and the lack of a full Year 7 education.

The LGO said the council's "failure" caused "additional and unnecessary stress on an already vulnerable child".

Ms Smith said the council's shortfalls left Michael feeling "forgotten" and as if "nobody wanted him".

     

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