Three children with special needs have still not had their cases sorted by Richmond Council after a government ombudsman identified 37 cases where there were "significant delays or failings" by the council.

The Local Government and Social Care Ombudsman asked Richmond Council to conduct an audit of 1,494 children's Education and Health Care Plans (EHCPs) earlier this year after it previously upheld three complaints from parents of children with SEND in October 2019.

The audit showed a further 37 children had been affected and their cases were escalated to the Director of Children's Services, with action to be taken by July 30, 2020 in most cases.

But at this week's Education and Children's Services Committee (September 7), it was revealed that three of these 37 children still do not have plans in place.

Director for Achieving for Children, Ian Dodds, said these three cases are more "complex" and involve adult social care and health service partners.

One child, for instance, wanted to take up employment and stop using an EHCP plan.

The report said: "The service remains in close communication with the young people and parents in these three cases to ensure there is a successful and timely resolution," and that "good progress has been made in putting provision in place but the required outcome has not yet been achieved".

Officers said they were confident all cases would be completed by the next meeting of the committee in November.

The Ombudsman, Michael King, had written a letter to the council in July praising the "impressive piece of work" on the audit.

He said: "The findings in the report are well evidenced and echo many of the issues identified in my own investigation.

"I am also content that the recommendations and actions set out in the report, if fully implemented, represent a credible programme of improvement for the service as a whole."

However, William Nash, the father of Child Q, who was cited in the Ombudsman's initial report, said there was still much more work to do.

Addressing the meeting, he praised the council for "taking seriously the systemic failings in SEND delivery" but expressed concern about the thousands of pounds spent by some parents on tribunals to get a suitable EHCP in place for their child.

He said: "The so-far untold strain and financial burden placed upon families is huge and can run to over £50,000."

He asked the council to independently assess the long-term damage caused to the children in the three original complaints and 37 escalated cases identified by the audit, and for the council to publish data it received on the legal advice it was given before trials went ahead.

Mr Dodds said there will be increased scrutiny of tribunal data.

He added that as part of the follow-ups with the parents of the 37 children identified by the audit, there have been several requests for financial compensation.

Mr Dodds said all cases will be reviewed by an independent panel to consider whether financial remedies are required, or in some cases additional services such as therapy.

Affected parents are expected to be contacted in the next few weeks.

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