An Oldham mum and son who claimed they were mistreated by the council have launched an appeal to take the case to the Supreme Court to have local authorities punished for their actions.

In September 2018, the council notified Philip Milburn, who was 19 at the time, that his educational, health and care plan, which was in place due to his autism, would be withdrawn.

Philip and his mother, Zoe Thompson, lodged an appeal through the Specialist Educational Needs and Disability Tribunal, which was successful.

However, the pair made a complaint to the Local Government and Social Care Ombudsman (LGO), raising concerns over the conduct of the council during the appeal.

They said the council claimed to get Philip’s views, which Philip said they had not, and that when they did, they ignored them.

Zoe and Philip also claimed the council failed to comply with orders or produce adequate documentation, suggesting Zoe was preventing Philip from expressing his views and seeking to delay proceedings.

The pair took their case regarding concerns over the council’s actions to the Local Government and Social Care Ombudsman (LGO), however the LGO said investigating the council’s actions was outside of its jurisdiction.

Zoe and Philip brought a judicial review to the High Court, however it was ruled the LGO could not investigate the council’s behaviour during and around tribunal proceedings, while an appeal to the Court of Appeal on this was also unsuccessful.

Now, the pair are looking to take the issue to the Supreme Court in the hope the LGO will be given the jurisdiction to investigate instances of mistreatment by local authorities against people.

Zoe and Philip are looking to raise money for their legal team to request permission to appeal to the Supreme Court and if permission is granted, they will then submit another application for legal aid to fund the costs relating to the case being heard in the Supreme Court.

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The pair wrote on their fundraising page on CrowdJustice: “Our goal, in a nutshell, is to ensure that if this happens, families have a remedy available to them via the LGO, to challenge the mistreatment.

“If the Supreme Court does not consider our case, then the law will remain that the LGO is not able to investigate any mistreatment that takes place in the run up to and during Tribunal proceedings.”

Zoe and Philip say they have been made aware of other families who have shared similar experiences to them and that if their appeal was successful, it could impact families’ rights and the way local authorities treat families.

When The Oldham Times previously contacted the council regarding Philip’s case, Cllr Mohon Ali, cabinet member for education and skills, said: “Since the issue was raised, the service is in a much better place.

"More staff have been recruited and trained, an extensive review of the process has been undertaken and significant improvements have been made, which have been recognised by the Department of Education.”

He added the council acknowledged the High Court ruling on the role of the LGO in investigating complaints relating to planning and provision for young people with special educational needs and disabilities. 

A spokesperson for the LGO previously said: "The High Court has now provided clarity on a complicated area of law and we will reflect on the judgment and how it impacts on our casework in this area.

"Unfortunately, there are some areas the law does not allow us to investigate and, as the judge in this case has acknowledged, how a council acts during an ongoing tribunal appeal is one of these."