Council fined over SEND school placement delays

Royal Borough of Windsor and Maidenhead apologised and paid the mother £300

A council has been ordered to pay £300 to the mother of a child with special educational needs because of delays in sorting out a school placement.

The mother asked for a new assessment of her child's needs early in 2023 to help her gain a place at a new school.

But she was only told at the start of the school year that there was no place for her daughter, after months of delays.

A Royal Borough of Windsor and Maidenhead (RBWM) council spokesperson said it accepted the local government and social care ombudsman's decision.

The watchdog said the delays did not change "the outcome regarding a place" at the school, but they caused the mother "frustration and distress".

The mother - named in the ombudsman's report as Mrs X - said her daughter's school - School A - was no longer meeting her needs and removed her from it in January 2023.

She approached a second school - School B - to ask for a placement, but the school said it needed an updated education health and care plan (EHCP) - a document saying what a council needs to do to support a child with special educational needs and disabilities (SEND).

The council carried out an annual review of the needs of the child - named only as Y - in May, but it also needed paperwork from School A, which it only provided in July.

School B then said it could not accept any more children with EHCPs, and that the council would need to go through a formal consultation with it.

The consultation began in September, when the new school year started, and School B explained it could not offer the child a place.

The ombudsman said School A "delayed returning the paperwork" but meeting "the EHC Plan annual review deadlines" was the responsibility of the council.

"While the delay caused Mrs X and Y frustration and distress, on balance, I do not believe the outcome regarding a place at School B would have been any different," the ombudsman said.

"The council has agreed to remedy Mrs X and Y's avoidable distress with an apology and a symbolic payment of £300."

A RBWM spokesperson said the council would "take forward any learnings as part of our commitment to ensuring high-quality care and provision for those that need additional help when learning".