ERYC SEND Failure – Group Litigation Awaits?

Over the weekend I have had a sight of communication sent to David Davis, Conservative MP for Haltemprice and Howden in relation to ERYC Children Services Failure – Lack Of Capacity.

David Davis MP

In one letter comments by Eoin Rush, ERYC Director of Children, Families and Schools typifies the cavalier attitude to the ERYC failure to fulfill their Statutory Duty to 48 vulnerable families:

  1. “… the situation is ongoing and will continue to impact on overnight short breaks at least until September.”This is shocking as it confirms the situation will last for at least five months with no end in sight.
  2. “Any overnight stays that do need to be cancelled during June, July and August cannot be used at a later date, as the residence will not have the capacity to accommodate this as it is also planning for a site move to a new purpose built school and residence in 2022.”This negates the original claim of banking and confirms the situation will continue for months after September.
  3. “However, I do want to reassure you that several other options are urgently being explored to facilitate a break for families. We are continuing to look at other means of support for any families who require it, and I understand that the Family Coordinator has been in contact to discuss alternative options and the offer has been made of additional direct payment hours, this may not be the families preference, however it does offer another source of support.”Due to years of under-investment by the Conservative-controlled ERYC there is a lack of capacity to ensure that they can fulfill their Statutory requirements to the 48 vulnerable families. It is shameful of ERYC to attempt to pass the buck to the families by offering a few quid to paper over the Council’s incompetence instead of resolving the situation.

Group Litigation Awaits?

If Mr Rush and Mr Davis are incapable of seeing how this can be resolved I am happy for the three of us to meet up for a coffee and a sticky bun.

ERYC is clearly en route to pushing these vulnerable families into crisis. This is both morally and legally unacceptable. I would suggest that ERYC resolve the situation as a matter of urgency. If I was to put on my Consultant hat I would suggest that a Group Litigation or an individual case against ERYC awaits.

Would Mathew Buckley, ERYC Head of Legal and Democratic Services, like to explain to Councillors what a slam dunk is in legal terms?

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