Hampshire County Council (HCC) has been ordered to pay £5,300 to the mother of a child with special needs after he missed out on a full education for “years”.
The Local Government and Social Care Ombudsman has upheld a complaint against the council. The mother lodged a complaint after waiting “years” for the council to fail to provide her child with an education in a school setting.
In her complaint, she said it impacted her work because her child was at home and caused her “unnecessary distress” and added that missing education impacted her child and their family’s mental health and self-esteem.
Miss X’s child, B, has special educational needs and an education, health and care (EHCP) plan that details the extra help they need in school. Before December 2022, B had been in an educational placement that “did not work”. 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 the information was “to be confirmed”.
The plan said B needed an educational placement that could understand their sensory needs and respond appropriately.
It also detailed the specific educational support required to address B’s needs, including how educational staff would collaborate with B, his optimal learning methods, and sensory activities recommended by an occupational therapist.
From March to July, the council consulted with educational placements. It found one that said it could meet B’s needs and had a spot starting in September.
However, the mother complained in July, and the council acknowledged gaps in B’s education and understood the challenges he faced.
In August, the council issued an EHCP stating that the placement would start in September. Miss X then complained to the ombudsman.
After the investigation, HCC admitted its failure to provide B with education from December 2022 to September 2023, acknowledging the “injustice” it caused the family.
The report also said HCC recognised it should have better supported the family and ensured a “holistic approach”.
The council agreed to pay £5,300 for the loss of education, SEN provision, and the “unnecessary distress”. It also wrote an apology letter for the injustice caused.
A HCC spokesperson said: “Where we haven’t been able to resolve things directly with the person concerned, we work closely with the Local Government Ombudsman to address the issue, to learn from our mistakes and improve our services along the way.
“In this case, we have accepted in full the recommendations of the ombudsman and taken the required actions, including issuing a formal apology to the parent and making a payment of compensation.
“The provision of suitable arrangements to meet the needs of children with special educational needs and disabilities is 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.
“We are sorry we did not get things right in this instance.”