Torbay Council Fined £8,400 for Failing Child’s Needs

Edward Taylor

Torbay Council ordered to pay £8,400 for year-long neglect of child’s needs

The Local Government & Social Care Ombudsman has directed Torbay Council to pay a compensation of £8,400 to a child (“HM”) following a year-long failure to make educational arrangements, assess and meet his health needs, and arrange regular looked-after child reviews to monitor his welfare.

The background

HM, a vulnerable young asylum-seeker from Sudan, instructed Edward Taylor of Osbornes Law after Torbay Council assessed him as being 1 year older than he claims to be. Mr Taylor brought challenge to that assessment decision, prompting Torbay to amend their decision and accept his claimed age and date of birth.

Meanwhile, prior to the firm’s instruction, it was noted that Torbay only treated HM as a child in certain respects. Mr Taylor assisted HM in complaining about this. In summary, while Torbay provided age-appropriate accommodation to HM and weekly financial support, it refused to make educational arrangements (such as enrolling him at a college for ESOL), failed to arrange an initial health assessment to identify and support his health problems, and furthermore neglected to carry out looked-after child reviews to monitor his welfare.

Torbay’s position was that they wished to complete an age assessment first, before fully treating HM as a child. The problem with this was that Torbay was taking the law into its own hands, willfully ignoring binding Statutory Guidance issued by the Department for Education which requires age-doubted children to be treated in the same way as children, at least pending the outcome of an age assessment process. This approach, set down by central government, is designed to protect children, with many age assessments confirming their minor age, and with missed duties which cannot be fixed later.

Edward Taylor, Partner of Osbornes Law, explains as follows:

“The seriousness of this unlawfulness by Torbay Children’s Services should not be understated. HM was in great need of college ESOL provision, as a young person who had no educational background and who was new to the country and needed to learn the language, as well as having some purpose and structure to his days like the other young people around him. He also had limited time, arriving at 16 years old, to catch up and gain basic qualifications before reaching 18. He has been compensated but will never get back the year taken away from him. Furthermore, while HM fortunately did not suffer from significant health issues, many young asylum seekers do, and for Torbay to turn a blind eye and not health assess, against what the law requires, is very troubling indeed.”

The complaint process

HM’s complaint was pursued through Torbay’s complaints procedure before reaching the Ombudsman. Torbay resisted the complaint at Stage 1. At Stage 2 they accepted some shortcomings, offering a very low level of compensation (£250). At Stage 3, an independent panel made significant findings against Torbay and recommended work on its policy and procedure and training of staff, to prevent recurrence. However, Torbay declined to follow those recommendations, although it increased its compensation proposal to £850.

The Ombudsman, as set out above, has directed a much more significant payment (£8,400), which achieves some level of justice for HM, however without committing to change on a wider scale, the concern is that Torbay Children’s Services will continue to break the law at the expense and risk of children, even if it has to use taxpayer money to cover compensation awards.

Our commitment to justice

Our team at Osbornes Law is dedicated to advocating for the rights of vulnerable individuals, ensuring they receive the support and justice they deserve. With a proven track record of challenging unlawful decisions and securing significant compensation, we are committed to making a positive impact. With skilled professionals like Edward Taylor, we provide compassionate and expert legal assistance, tirelessly working to protect and empower those in need.

How can we help ?

If you need help, our team is specialist in age assessment challenges and has significant experience in overturning negative decisions. Please contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811