Islington Council has been ordered to pay £2,150 to a family after a six-month delay in handling educational support for a teenager who missed two school terms as a result. The Local Government and Social Care Ombudsman (LGSCO) investigated a complaint from the family of the young person, known only as Child Y, after the local authority took 26 weeks to issue an amended Education, Health and Care Plan (EHCP).
Background of the Case
The child’s mother, Ms X, complained to the Ombudsman that her child, who was post-16, was left without suitable education and support from 2022. Islington Council had already agreed to pay £1,200 in recognition of the delay in providing tuition and support outlined in the agreed plan, which it promised to deliver between December 2024 and May 2025. However, the watchdog ordered the council to pay a further £950 to account for the fact that Child Y went without support for two full school terms, and for the distress and uncertainty it caused. The council was told to pay the outstanding £950 within one month of the decision being issued.
Timeline of Events
The claim began in 2022, when Ms X asked the council for an EHC needs assessment. The local authority at first refused to issue a plan that would have granted the child a customised support plan tailored to their needs. However, the child’s mother appealed the decision. In September 2024, both parties agreed to settle the matter, and the following month a tribunal issued a consent order for a plan without the need for a hearing.
Under Section 19 of the Education Act 1996, councils in England and Wales do not have a duty to provide alternative education for children who are not in education at the end of Year 11. But a post-16 child is still legally entitled to tuition support from the council if they have an active, complete EHCP – though the council’s obligations begin only when the final plan is officially produced.
When Islington issued a final plan in December 2024, the mother claimed it relied on outdated information. In February 2025, the council agreed to update it but took nearly three months to do so, after which Ms X formally complained. In May 2025, the council sent its draft amended plan, accepting the child was entitled to home tuition and support, while recognising that they had gone without educational support since December 2024. Islington offered the family £1,200 as a remedy. However, the council then delayed its finalised plan by a further 15 weeks. Home support did not start until September, meaning Child Y missed two full terms of education.
Ombudsman Investigation and Findings
The Ombudsman investigated after Ms X complained that Islington had missed its statutory deadline to issue the plan and used outdated information, which she argued had led to her child being without “suitable” education provision since 2022. She also claimed the council failed to issue the plans by email or post, but the watchdog did not substantiate this.
In June 2026, the Ombudsman found the council had caused injustice to the family by delaying the final plan by 26 weeks and by failing to provide education support for two full school terms. The watchdog ordered Islington Council to apologise to Ms X, pay £350 for the “distress, frustration [and] delayed appeal rights,” and to pay a further £600 on top of the previous £1,200 offer to reflect the missed provision.
Council Response
Councillor Sheila Chapman, Executive Member for Children, Young People and Families, said: “We carefully considered the Ombudsman’s report and accepted its recommendations in full. We have apologised to the resident and reviewed our procedures to avoid this scenario happening again.”
