Mother awarded £5,300 over special needs failure

The child missed out on time spent in school, the ombudsman ruled

The mother of a child with special needs has been awarded £5,300 after a council caused him to miss out on years of full education.

The Local Government and Social Care Ombudsman upheld a complaint against Hampshire County Council for failing to provide the child with an education in a school setting.

The child's mother said having the child at home caused "unnecessary distress”.

The county council apologised and said it would "learn from our mistakes".

The mother, referred to as Miss X in the ombudsman's report, said that missing education had affected their family’s mental health and self-esteem.

The child, referred to as B, has special educational needs and an education, health and care (EHC) plan that details the extra help they need in school.

'A clear priority'

Before December 2022, B had been in an educational placement that “did not work”, the report said.

B then had tutoring, which broke down for various reasons, including B’s “sporadic attendance”.

In March 2023, the council issued an EHCP for B. The plan did not specify an educational placement or the type of setting, stating that this information was “to be confirmed”.

The plan said B needed an educational placement that could understand their sensory needs and respond appropriately.

From March to July, the council consulted with educational placements. It found one that said it could meet B’s needs and had an available spot starting in September.

However, the mother complained in July, and the council acknowledged gaps in B’s education.

After the watchdog's investigation, the council admitted its failure to provide B with education from December 2022 to September 2023.

The report also said the county council recognised it should have better supported the family.

It agreed to pay £5,300 for the loss of education and SEN provision.

In a statement it said it had "accepted in full" the ombudsman's recommendations.

“The provision of suitable arrangements to meet the needs of children with special educational needs and disabilities is both a clear priority for us, as well as a significant challenge, in terms of the growing numbers of eligible children and their complexity of need," it said.

“We are sorry we did not get things right in this instance.”