Mum to receive compensation after council fails to provide child with alternative education

He was first issued with an Education, Health and Care Plan (EHCP) in February 2022, which was his final year in primary school. His mother appealed it because she wanted a specialist school named in the plan, rather than a mainstream one.

Her child subsequently attended a specialist school the following September, but his attendance declined due to his anxiety.

The boy's mother, Mrs X, emailed the council to say Y was struggling to attend, and the Education Welfare Officer suggested meeting with the school to look at an adapted timetable.

However, despite being offered this, Y was still not managing to access school, so Mrs X requested an annual review from the school due to him not receiving any education.

The council said the school does not commission educational psychologist services, so Mrs X privately paid for one herself. In February 2023, she complained to the council, saying Y had no education since getting his EHCP, and the transition plan ‘was limited’.

The following month, the council said it recognised Y was struggling with the transition to school in the mornings because of his separation anxieties and considered a change of placement. School also offered online learning, but Y could not access it because of his dyslexia.

Mrs X made a further complaint to the school, stating it had not given a response to the failings in delivering Y’s EHCP, and had not provided any alternative education.

The council responded by stating it had no evidence that Mrs X had sought an annual review, which is the school’s responsibility. It added that there was also no evidence to suggest the EHCP was unsuitable. Mrs X was not happy with the response so complained to the Local Government and Social Care (LGSC) Ombudsman.

“The complaint response from the council is misleading in its wording,” said the Ombudsman.

“It may delegate the duty to arrange the annual review and commission professional reports, but the council is responsible for ensuring these are carried out.

“This is the fault of the council causing frustration to Mrs X.”

The Ombudsman said the council must now write an apology to Mrs X for the faults identified and pay her £1,500. This is made up of £150 to acknowledge her avoidable distress, frustration and uncertainty, and £1,350 to remedy the failure to provide Y with full-time alternative education from February 2023 to July 2023.

The council has also been told it should issue written reminders to relevant staff to ensure officers know that it is the council’s responsibility, and not the school’s, to arrange annual reviews and commission professional reports for a child with an EHCP.

It must also tell the Ombudsman how it will ensure better communication between the council and schools when setting up reviews and arranging professional reports.

A Telford & Wrekin Council spokesperson said: “We accept the recent LGSC Ombudsman’s decision in regard to this case and are following the recommended actions. We have already been in direct contact with the family, as required by the ombudsman and have ensured staff fully understand the responsibilities when supporting families with children in these circumstances, alongside improving communications with schools when setting up annual reviews.”

Report by Local Democracy Reporter Paul Rogers