The LGSCO looks at whether there is a fault in the way a Council makes a decision.

They cannot look at a case that can be or is being challenged in a tribunal such as

being unhappy with the placement named in an EHCP.

Things the LGSCO can look at:

  • Delays within the EHCP process
  • Failure to ensure the provision detailed in the EHCP is provided
  • Failure to implement a tribunal recommendation
  • How the Council has dealt with a request for personal budgets
  • Complaints in relation to the Local Offer
  • If a child with an EHCP is not receiving any education

Before someone can complain to the LGSCO they have to first complain to the Council and follow all stages of the complaints procedure.

If the complaints process has taken longer then 12 weeks or they are unhappy with the outcome they can then proceed to the LGSCO.

The complaint to the LGSCO needs to be made within 12 months of the matter happening if it’s left any later they may not be able to help.

When someone complains to the LGSCO they will see if there is a case and if there is they will assign an investigator.

They aim to have a full investigation done within 26 weeks.

To complain to the LGSCO an account needs to be registered on their website. After an account is made a form then needs to be filled in to log the complaint.

There are certain things the LGSCO can ask a Council to do if following a complaint they are found at fault:

·         Apologise to the parent/carer, child or young person

·         Provide a service the parent/carer, child or young person should have had

·         Make a decision it should have done before

·         Reconsider a decision it did not take properly

·         Improve its procedures so similar problems do not happen again

·         Make a payment

Things that the LGSCO can’t do:

·         Fire or take disciplinary action against someone

·         Pay parent/carers, children or young people compensation in the way courts and tribunals would

·         Cancel or change a decision that it made following the right process and considering relevant information

·         Replace an organisation’s decisions with our own, like an appeal body might

The LGSCO publish all their decisions on their website within 6 weeks of the decision being made but change the names of any of the families involved.

In a small number of investigations, the LGSCO find issues that other councils and care providers could learn from, or the public should know about. For these they produce a detailed report of the investigation and publish it. They may also send the report to the media with a press release.

The decision statements and public interest reports do not reveal the families identity or that of the people involved, but do name the Council investigated.