Council ordered to pay more than £2.5k for failing Bedfordshire child with special education needs

A local authority must pay £2,600 in compensation to a Bedfordshire resident whose son’s education became part-time and for failing to deliver his special provisions.

His mother complained Central Bedfordshire Council failed to provide full-time suitable education to her son from March 2022 until July 2022 and to prevent unlawful exclusions from his school.

It also failed to ensure delivery of his special educational provisions in September and October, according to the local government and social care ombudsman.

These were specified in her 11-year-old son’s education health and care plan (EHCP), as he has special educational needs. She said the council’s failings had a negative effect on his education and mental health, said the ombudsman’s report.

“They caused her distress and impacted her work, as she combined full-time employment with looking after him when he attended school only two hours a day for several months from January 2022.

“She spent much time complaining and chasing up CBC’s responses. Eventually she appealed to the special educational needs and disabilities (SEND) tribunal.

“His GP issued a letter signing him off from school because of anxiety in March. The school contacted a service supporting emotional development of vulnerable pupils to help them re-engage with education.

“CBC issued his draft EHCP in April and version two a month later, when the school reviewed his timetable,” explained the report. “No change of provisions followed.

“She contacted CBC at the end of May expressing concerns about the lack of mental health support for him. The school referred him to the mental health team in February, which wasn’t followed up.

“A special school which was her preference for his placement refused to offer him a place. She told CBC of her dissatisfaction with the educational arrangements for her son in June and asked for a timetable review.

“CBC issued a final EHCP for him in July, when she lodged her appeal. The special school reconsidered its position in October and offered him a place after half-term.

“A complaint to CBC from the mother in September was upheld. The SEND advisory teacher did an audit, which found some provisions included in his EHCP weren’t in place,” added the report. “It recognised it failed to offer a remedy.

“There were plans for him to start attending the special school. CBC accepted it failed to provide full-time suitable education from March 2022 until October and offered £1,000 as a remedy. This was fault, causing them both injustice,

“The referral to the provider didn’t seem to help increase his school attendance and there’s no record of any alternative provision offered to supplement his education.

“CBC’s failure to secure special educational provisions for him from the beginning of September until the end of October, when he was offered a place at the special school is fault, which caused injustice to both of them.

“I consider the council’s apology sufficient, although having reviewed our guidance on remedies the payment should be higher.

“CBC should pay £1,500 for the lack of education, £600 over the special provisions and a further £500 to recognise the distress caused to the mother.”