Overview:

Key to names used

• Mrs X The complainant
• Y Her child
• Officer B Y's SEN worker

Summary

Mrs X complained about the Council’s failure to provide tutoring for her child Y, when Y could not go to school, and delay approving funding for a special school place. As a result, Y was out of education until April 2024 and Mrs X could not work and experienced avoidable distress and frustration.

Finding

Fault found causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

In addition, the Council should take the following action within four weeks of the date of this report to remedy the injustice to Mrs X and Y from the fault we have identified:

• apologise to Mrs X in line with our guidance on Making an effective apology;

• apologise to Y, in an age appropriate way, to recognise that Y was lonely and isolated when not at school because of the Council's fault;

• pay Y £3,600, being £2,400 for each term of missed education and SEN provision; and

• pay Mrs X £750 to recognise her significant and avoidable distress and frustration over a prolonged period.

The Council should also take the following action to improve its services:

• share a copy of this decision with staff in the relevant departments to consider the lessons that can be learned from this case;

• refer the learning outcomes and this decision to the relevant scrutiny committee;

• review current arrangements for making decisions about EHC assessments and plans to ensure the Council can make the decisions required within the statutory timescales and without causing avoidable injustice to children with SEN; and

• ensure that the Council's records contain sufficient detail to demonstrate its decision making in individual cases.

The Council has accepted our recommendations.

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