There is a ‘national scandal’ of local authorities not meeting the needs of children with special educational needs (SEN).
That’s the view of the Local Government and Social Care Ombudsman, Amerdeep Somal.
She is calling for a change in UK policy.
She said: “We have repeatedly highlighted there are significant problems across the country requiring national attention and policy change to ensure children are supported during the most crucial stage of their lives.”
Her comments followed a decision about a case in Suffolk, which she emphasised was not an isolated occurrence.
Autistic girl went without education
The Suffolk case concerned an autistic girl. The Ombudsman found that Suffolk County Council had not done enough to provide an education for her.
The girl could no longer attend school after March 2022. From then until September 2023, the Ombudsman found the council failed to provide alternative education for her.
An investigation found the mother had made numerous requests for the council to provide an educational package for her daughter that would allow her to study away from school. However, the council still did not put adequate provision in place.
18 months to produce an EHC Plan
The council took 18 months to produce an Education, Health and Care (EHC) Plan for the girl. According to guidance and legislation, it should have taken 20 weeks.
Ms Somal said: “The mother did all she could to get the council to do what they should. Even then, her daughter missed out on 18 months of education at a crucial time in her life because the council did not prioritise her needs.”
She added: “Despite the mother’s repeated contact with the council, no education was forthcoming and instead the council took far too long to produce a vital Education, Health and Care Plan for the girl which would identify the support that would be provided for her.”
Previous warnings
Suffolk had previously been warned about its delivery of services to SEN children. Ms Somal said: “We have made numerous recommendations to improve the council’s services for children with Special Educational Needs in recent years.”
It is currently under the scrutiny and intervention of Ofsted. Ms Somal said: “The issues at Suffolk have been recognised, both by the council itself and by Ofsted, and there is much local improvement to be carried out.”
The Local Government and Social Care Ombudsman remedies injustice and shares learning from investigations to help improve public, and adult social care, services.
In this case, the council has agreed to apologise to the family. It will pay them £8,000 for the delays in the EHC Plan process and failure to provide alternative education.
It will also pay the mother a further £300 to acknowledge the distress and anxiety she felt when dealing with the council.
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Published: 6 May 2024