A local authority has been told to pay compensation to a family for a delay in providing special needs education and support.
The move sends a strong signal to other local authorities over meeting their special needs obligations.
Local government ombudsman Michael King, who says the case highlights the significant impact delays can have on families
The compensation followed a mother complaining to the local government and social care ombudsman.
She said her son, who has autism and attention deficit hyperactivity disorder (ADHD), missed out on three months of education and support.
The mother’s local authority, Hampshire County Council, had delayed issuing her son’s amended Education Health and Care Plan (EHCP).
The ombudsman has now told the council to “review” its SEN support and compensate the family to the tune of several thousand pounds.
The council’s director of Children’s Services and lead member for Children’s Services will now carry out a review. They will look at whether its resourcing is sufficient to carry out its workload within statutory timescales.
Compensation totalling £2,250
In this case, the council has agreed to apologise. It will also pay the mother £100 for her lost opportunity to appeal the council’s decision to keep the original EHC Plan in place.
In addition, it will pay her £200 for the lost opportunity to appeal the provision made for her son in an amended EHC Plan and for her time and trouble caused by the delay.
The council has also agreed to pay the family £200 for each school month of inadequate SEN provision for the benefit of the boy’s education, and £550 for each school month of education the boy missed. This totals £2,250 for the lost provision.
The council will also pay the mother a further £750. This is for the time and trouble of trying to get the council to fulfil its statutory duties and the distress and uncertainty caused.
The mother said her son had been attending mainstream primary school with 25 hours a week one-to-one support.
When it became apparent the boy could no longer attend, the council did not act quickly enough to put in place alternative education. This meant he had three months of inadequate SEN provision, followed by three months of missed education.
‘Significant impact on families’
Michael King is the local government and social care ombudsman. He said: “This case, and three others I have recently issued about services for children with SEND in the county, highlight the significant impact delays can have on families when councils do not complete their duties within the statutory timescales.”
The ombudsman’s investigation found the council delayed the statutory process at times. It also wrongly told the mother the EHC Plan could be issued more quickly if she withdrew her comments.
In addition, the ombudsman found the council did not do enough to provide alternative education for the boy while it waited for a place to become available at a suitable school.
The mother lost chances to appeal the council’s actions at the SEND tribunal because the council did not tell her of her right to do so. It also did not name the type of school in the boy’s EHC Plan when it did issue the document.
Related:
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- Ombudsman slams council’s behaviour
- Councils warned not to delay EHC plans
- Parents urged to fight for therapy
Published: 15 June 2021
