Cumberland Council at fault after child misses months of school

The boy known only as B had autism and a mental health breakdown (file photo)

A council has been rapped for not providing education to an autistic boy who had a mental health breakdown.

The child, who cannot be identified, missed school between January and July 2023 with no support offered.

The Local Care and Social Government Ombudsman said Cumberland Council was at fault and ordered almost £2,000 compensation be paid.

The council said it acknowledged the findings and was "progressing the actions identified".

The boy, referred to as B by the ombudsman, had a diagnosis of autism and attended a mainstream school.

He had a breakdown in his mental health at the end of the autumn term in 2022 and his mother, referred to as Mrs X, told his school in January he would not return for the foreseeable future.

The ombudsman report said Mrs X believes her son had reached autism burnout causing severe anxiety due to "years of unmet sensory and emotional needs".

Fear of harm

While he was deemed too unwell to take part in any education at all during the spring term, his mother made attempts to have lessons at home for the summer one.

The council made a referral to the Hospital and Home Tuition Service (HHTS) for home-based education for B but that was rejected with HHTS saying they did not have sufficient medical evidence.

A separate assessment arranged by B's family from a specialist occupational therapist recommended he received education outside of school, as school attendance had caused the mental health breakdown.

When Mrs X asked if the school could set work for B online the school refused.

They said they could provide some work and send home workbooks, but they would not mark them or provide feedback.

Mrs X also asked about alternative provision at Centre 1, an education support and therapy centre, but the school said it did not have funding to facilitate that.

Mrs X told the council she had to borrow "a large sum of money" to enable her child to attend the therapy centre once a week.

She was concerned her child might harm himself, had he returned to school.

The school told Cumberland Council they could meet B's needs once he'd received a mental health assessment he was waiting for, therefore the council refused to put home learning in place.

Compensation for distress

The ombudsman said: "Based on the documentation available I am not satisfied the council properly considered B's circumstances and whether he was able to access school or whether provision was available to him.

"I consider the council should have provided B with alternative provision and the failure to do so is a fault."

They added the council was also six weeks late in completing an Education Health and Care Plan, which all children with special educational needs should have.

Cumberland Council also failed to inform Mrs X of how its complaints' procedure works and did not advise her she could contact the ombudsman.

The council was ordered to apologise to the mother and child, reimburse £1,357 that the family used to send B to a specialist centre and pay £500 because of the frustration and distress caused.

They were also told to remind staff of their duties and implement a system to better inform people of their complaints' procedures.

A Cumberland Council spokesperson said: "We cannot comment on the individual circumstances however we acknowledge the findings of the ombudsman.

"The council are currently progressing the actions identified to ensure they are complied with in the timescales outlined in the decision."