Council must pay £3.5k to SEND pupil's family

The child attended mainstream school until his exclusion in January 2024

A council has been ordered to pay £3,500 after a child with special educational needs (Send) was left without a school place.

The payout ruling comes in the wake of Walsall Council's failings that included "poor record keeping, significant delays and poor communication", the Social Care Ombudsman said.

The child, referred to by the ombudsman as Y, attended mainstream school until his exclusion in January 2024. The council said it accepted the findings in the case.

At the time he had an Education Health and Care Plan (EHCP) – a document outlining the child's special educational needs and any additional resources required to accommodate them.

For every child, the document is subject to review every 12 months and Y's took place in December 2023.

The council is bound by statutory duty to issue a decision letter following the meeting within four weeks, but in this case it took two months.

It is also duty-bound to issue a new plan within 12 weeks of the meeting, but the ombudsman said it had not been issued until more than 16 months later.

Following the child's exclusion, his home tuition started one month after the statutory timescale passed, and although the council decided 15 hours per week would be sufficient, invoices sent to the tuition provider showed the child was receiving only five hours per week.

'Agreed recommended actions'

The ombudsman said it had recently made service improvement recommendations to Walsall Council to ensure it complies with statutory timescales.

The watchdog ordered the council to make a payment of £3,200 to acknowledge the loss of education, calculated at £1,600 per term, as well as a symbolic payment of £300 in recognition of the distress caused.

The council must issue the child's EHCP within one month, apologise in writing and provide guidance and training to relevant council staff, the ombudsman said.

A spokesperson for Walsall Council said: "The council is committed to providing our children and young people with the best possible education that meets their needs.

"The council will always try and resolve complaints prior to a customer contacting the ombudsman. In these instances, we accepted the findings of the report and have agreed to the recommended actions set out in the final decision."