Mum gets £4,200 payout from Central Beds Council after it failed to provide special needs daughter 'suitable education'

Central Bedfordshire Council was at fault for failing to secure the provision in her education, health and care plan (EHCP), according to a local government watchdog.

There were delays in securing a new school placement and issuing an amended plan, said the local government and social care ombudsman. “These faults caused her a significant loss of education.

“The mother complained her daughter was out of school from June 2023 to November 2024 and only received limited online tuition. She said CBC placed her daughter in an unsuitable school, despite her concerns, and that it took too long to identify and secure an appropriate placement.

“She considers these failings have caused her daughter educational loss and emotional harm. The daughter attended a mainstream school in 2022, but was later excluded.

“The council consulted a number of schools to identify a suitable placement, and from September 2023 arranged alternative education provision for her. This offer continued in varying forms and hours until November 2024.

“During this period, CBC consulted a number of schools to identify a new placement. Her mother requested mediation, after which a further amended EHCP was issued in October 2024.

“The evidence shows CBC was taking steps over this period to identify a replacement school. It’s also relevant that suitable placements for children with the daughter’s needs can be difficult to source, and that there wasn’t immediate parental agreement to school suggestions offered in mid-2024.”

But the daughter was without a school placement from the end of the summer term 2023 until November 2024, explained the report. “This was a prolonged period. It took until June 2024 for a placement to be offered.

“While the council carried out consultations, it hasn’t shown it took sufficiently proactive or timely steps to secure a placement earlier. On balance, I find there was delay by CBC in securing her a new placement. This was fault.

“The council’s fault accounts for part, but not all of the delay. From September 2023 to November 2024, CBC arranged some alternative provision. But I’ve found that offering was less than full-time education and didn’t fully secure the special educational provision in the EHCP.

“The injustice to her wasn’t a complete loss of education, but a substantial loss of suitable education. This remedy is towards the lower-middle of the ombudsman’s range of £1,200 per term to reflect that some provision was made, which is a mitigating factor.”

That provision fell well short of what the council should have arranged, while the injustice continued for a lengthy period, added the report. “It also reflects that part of the later delay in securing a new placement wasn’t solely attributable to the CBC.

“Taking these factors into account, I recommend the council pays £4,200 for the benefit of the daughter to acknowledge the loss of education caused by the faults identified.

“CBC will make a written apology to the mother for failing to arrange suitable education for her daughter, failing to secure the provision in her EHCP, and for delays in both securing a new placement and issuing the amended plan.

“It should review the faults identified in this case, particularly its duties to arrange suitable education for children out of school and to arrange EHCP needs.”