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Written Question
Academies: Complaints
Tuesday 22nd April 2025

Asked by: Claire Young (Liberal Democrat - Thornbury and Yate)

Question to the Department for Education:

To ask the Secretary of State for Education, what independent mechanisms exist to appeal decisions on upholding complaints against academy trusts.

Answered by Catherine McKinnell

My right hon. Friend, the Secretary of State for Education is the principal regulator for academies. All academies are required to have a complaints process which adheres to Part 7 of the Education (Independent School Standards) Regulations 2014. This sets out that it is the academy’s responsibility to handle and resolve any complaints against them. If a complainant has concerns that an academy did not handle a complaint in line with the regulations, they can then escalate to the department, whose role it is to consider whether the academy followed the correct process.

Anyone can object to the Schools Adjudicator if they have concerns about a school’s admission arrangements. The Schools Adjudicator considers objections to the admission arrangements of all mainstream state-funded schools, including mainstream academy and free schools. The Adjudicator’s decision is binding.

The department also considers complaints about maladministration in independent appeal panels in relation to school admissions and complaints about maladministration in independent review panels in relation to permanent exclusions. Decisions taken by panels in both circumstances are legally binding and the department is unable to overturn decisions taken. However, parents can contact the department if they have concerns that the appeal or review panel was not held in compliance with relevant legislation or statutory guidance. If the department upholds a complaint, then a fresh appeal may be requested. If a complainant wishes to take their complaint further following the department’s consideration, they are advised to seek independent legal advice.

The Local Government and Social Care Ombudsman (LGSCO) can investigate complaints about maintained schools in certain circumstances. The department is considering the LGSCO’s Triennial Review, including their recommendations around school complaints, and will respond in due course.


Written Question
Foster Care
Saturday 22nd March 2025

Asked by: Elsie Blundell (Labour - Heywood and Middleton North)

Question to the Department for Education:

To ask the Secretary of State for Education, if she will (a) extend legal protections for and (b) improve financial security available to foster carers.

Answered by Janet Daby

The Children’s Act 1989 and subsequent statutory guidance sets out strong safeguards to protect foster carers from unfair treatment, including the requirement for fostering services to have a complaints procedure and whistle-blowing policy. The department does not plan any changes to foster carers’ legal position, but we are committed to reviewing our guidance and working with the sector to improve the support that foster carers receive.

No foster carer should be financially disadvantaged because of their fostering role. We expect all foster carers to receive at least the weekly National Minimum Allowance (NMA), in addition to any agreed expenses to cover the full cost of caring for each child placed with them, as per the National Minimum Standards (NMS, standard 28). In the 2025/26 financial year, this is being uplifted by 3.55%.

The department is concerned by reports that a minority of foster carers are not receiving the allowance in full, and the effect this can have on carer retention. Foster carers should report any underpayment to their fostering service in the first instance. If underpayment continues, the Local Government and Social Care Ombudsman will investigate any reports they receive on this issue.

Foster carers also benefit from reformed tax and benefit allowances which ensure they receive the best support for their individual financial circumstances, in recognition of their role.


Written Question
Care Homes: Standards
Tuesday 18th February 2025

Asked by: Luke Evans (Conservative - Hinckley and Bosworth)

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what steps his Department is taking to ensure that concerns raised regarding elderly care homes are dealt with appropriately.

Answered by Stephen Kinnock - Minister of State (Department of Health and Social Care)

The Care Quality Commission (CQC) is the independent regulator for health and social care in England. The CQC monitors, inspects, and regulates adult social care services to make sure they meet fundamental standards of quality and safety. Where concerns on quality or safety are identified, the CQC uses the regulatory and enforcement powers it has available, and will take action to ensure the safety of the people drawing on care and support.

By law, all health and social care services must have a procedure for dealing efficiently with complaints, and anyone who has seen or experienced poor-quality care has the right to complain to the organisation that provided or paid for the care. If an individual is not satisfied with the way a provider or local authority has dealt with a complaint, they may escalate it to the local government and Social Care Ombudsman who can investigate individual concerns.

The CQC also encourages the public to share their experience through an online feedback mechanism which allows them to raise concerns about the services they receive from providers. Although the CQC is not able to take forward individual complaints, all information given helps protect others from going through the same experience.

Following the publication of the Dash Review into the operational effectiveness of the CQC, the Department is working closely with the CQC to ensure operational performance improves, by understanding how they will be implementing their recommendations, including those for adult social care. The Government has also launched an independent commission into adult social care as part of our critical first steps towards delivering a National Care Service.


Written Question
Flood Control: Local Government
Tuesday 28th January 2025

Asked by: Rachel Gilmour (Liberal Democrat - Tiverton and Minehead)

Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, what methods for public recourse are available when a council authority is unable to fulfil their statutory duties on flood prevention.

Answered by Emma Hardy - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)

Protecting all communities around the country from flooding is one of the Secretary of State’s five core priorities.

Lead local flood authorities (unitary and county authorities) are required to manage local flood risks from surface water, groundwater and ordinary watercourses. Local flood risks should be identified and managed as part of a local flood risk management strategy. Local authorities receive revenue funding for local flood risk management through the Local Government Finance Settlement.

The Local Government & Social Care Ombudsman (LGSCO) looks at complaints about councils and some other authorities and organisations. The service is free, independent and impartial.


Written Question
Homelessness: Basildon
Wednesday 22nd January 2025

Asked by: James McMurdock (Independent - South Basildon and East Thurrock)

Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, what discussions her Department has had with Basildon Council on (a) their management of homelessness services and (b) the breaches recorded by that Council of the requirement to avoid placing (i) families with children, (ii) pregnant women and (iii) care leavers in temporary accommodation.

Answered by Rushanara Ali

The Ministry of Housing, Communities and Local Government is responsible for setting the national framework for housing, including the legislation and Homelessness Code of Guidance to which councils must have regard.

Compliance with legislation, guidance, and the statutory homelessness duties rests with local councils. It is the responsibility of the Local Government and Social Care Ombudsman to investigate individual complaints and take action where they consider councils have not applied their duties correctly.

MHCLG’s homelessness advice and support team (HAST) continue to work closely with local authorities, such as Basildon Council, to develop B&B elimination plans to reduce families and vulnerable people being placed in bed and breakfast accommodation for longer than six weeks.

The Government recognises that homelessness levels are far too high and we will develop a long-term, cross government strategy, to put us on track to end homelessness.


Written Question
Care Homes: Essex
Friday 20th December 2024

Asked by: James McMurdock (Independent - South Basildon and East Thurrock)

Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, how many care homes were referred to the Local Government and Social Care Ombudsman in (a) South Basildon and East Thurrock constituency and (b) Essex in each of the last five years; and how many were (i) privately-owned and (ii) local authority-owned.

Answered by Jim McMahon

The Local Government & Social Care Ombudsman (LGSCO) records complaints by the individual local authority or care provider, and not by geographical area. The LGSCO received 93 complaints about Essex County Council’s adult social care services in the 2019-20 financial year, 44 in 2020-21, 45 in 2021-22, 58 in 2022-23 and 36 in 2023-24.


Written Question
Schools: Admissions
Thursday 19th December 2024

Asked by: Lord Lucas (Conservative - Excepted Hereditary)

Question to the Department for Education:

To ask His Majesty's Government what assessment they have made of the extent to which local authorities in England are fulfilling their obligation to publish information on the admissions arrangements for all state schools in their area, including full admissions rules and details of the outcomes of the previous admissions round.

Answered by Baroness Smith of Malvern - Minister of State (Department for Work and Pensions)

Local authorities are required to comply with the School Admissions Code, which sets out various requirements to ensure they provide information on local admission arrangements to parents.

This includes a requirement to publish a composite admissions prospectus for parents. This must include information on the admission arrangements for each state-funded school, the number of parental preferences expressed for the school the previous year, and information relating to how to apply for schools in that area. Local authorities must also produce an annual report on admissions for all the state-funded schools in their area, which is published on the authority’s website and sent to the Schools Adjudicator.

Whilst the department does not routinely assess whether the required information is made available, if a parent or other party is unhappy that information is not available they can complain to the local authority through their complaints process. If they remain dissatisfied after exhausting the complaints procedure, they can complain to the Local Government and Social Care Ombudsman. Additionally, if my right hon. Friend, the Secretary of State for Education, becomes aware of an issue she can, if necessary, use her powers to direct the local authority, where it is failing in its duty.


Written Question
Care Homes: Derbyshire
Monday 9th December 2024

Asked by: Natalie Fleet (Labour - Bolsover)

Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, how many care homes were referred to the Local Government and Social Care Ombudsman in (a) Bolsover constituency and (b) Derbyshire in each of the last five years; and how many were (i) privately-owned and (ii) local authority-owned.

Answered by Jim McMahon

The Local Government & Social Care Ombudsman (LGSCO) records complaints by the individual local authority or care provider, and not by geographical area. The LGSCO received 18 complaints about Derbyshire County Council’s adult social care services in the 2019-20 financial year, 19 in 2020-21, 22 in 2021-22, 29 in 2022-23 and 29 in 2023-24.


Written Question
Foster Care: Pay
Wednesday 4th December 2024

Asked by: Jess Asato (Labour - Lowestoft)

Question to the Department for Education:

To ask the Secretary of State for Education, if she will make an assessment of the potential merits of introducing a statutory minimum fee framework for foster carers.

Answered by Janet Daby

I pay tribute to the vital efforts of foster carers, who carry out a challenging role that requires skill, dedication and love. Our policy statement, ‘Keeping Children Safe, Helping Families Thrive’ sets out our plans to recruit and retain more foster carers and provide access to support for both kinship and foster carers. This statement can be found here: https://assets.publishing.service.gov.uk/media/67375fe5ed0fc07b53499a42/Keeping_Children_Safe__Helping_Families_Thrive_.pdf

This government has also confirmed its commitment to further reforms to children’s social care in the future. As part of these reforms, the department will consider how it can further support foster carers and ensure that more children receive loving care in foster families. However, there are no current plans to introduce a statutory minimum fee framework for foster carers.

Fostering service providers, including local authorities, have the flexibility to pay additional fees. Decisions to pay fees are therefore made independently by the fostering service provider. The department encourages all fostering service providers to regularly review the fees they pay to their foster carers to ensure they remain appropriate.

All foster carers should receive at least the National Minimum Allowance (NMA), to cover the costs of raising an extra child in their home. The NMA has been uplifted by 3.55% for the 2025/26 financial year

If any foster carers receive less than the NMA, they should discuss this with their fostering service and use their complaints procedure if necessary. If the issue is not resolved, it can be escalated to the Local Government and Social Care Ombudsman, who has assured the department that these cases will be considered and dealt with appropriately.


Written Question
Care Homes: Evictions
Tuesday 3rd December 2024

Asked by: Tom Hayes (Labour - Bournemouth East)

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what assessment he has made of the adequacy of the powers of the Local Government and Social Care Ombudsman on decision making around evictions from care homes.

Answered by Stephen Kinnock - Minister of State (Department of Health and Social Care)

Local authorities should have appropriate plans in place to minimise any disruption of services if a provider exits the market. They are in the best position to find a local solution, with the minimum possible disruption, that meets people’s needs and choices. Their priority will be residents and their families during what can be a difficult time.

Guidance on complying with the Consumer Protection Act issued by the Competition and Markets Authority clearly states that the resident, their representatives, and any other relevant independent professional should be consulted, and that eviction should only occur after efforts have been made to meet the resident’s care needs. The reasons for the consultation should be fully discussed, together with possible solutions, before any final decision is made on the resident’s continued stay in the care home.

Clauses about evictions should be clearly set out in the contracts that residents sign on entering the care homes. The legal minimum notice period is 28 days. This is set out in the Protection from Eviction Act 1977.

The Local Government and Social Care Ombudsman is the independent complaints lead and works closely with the Care Quality Commission (CQC), sharing information with the CQC to identify poor practice.