Richmond Council Compensates Mother £400 for SEN Support Failures
A mother has been awarded £400 in compensation after Richmond Council failed to provide her son with the full support required for his special educational needs (SEN). An investigation by the Local Government and Social Care Ombudsman revealed significant delays and shortcomings in the council's handling of the case, which negatively affected the child's education and overall wellbeing.
Breakdown and Delayed Review
The boy, referred to as J in the report, joined a mainstream school in September 2023. By May 2024, his attendance had dropped sharply, and he experienced a mental breakdown. His mother, identified as Ms F, requested an early annual review of his case on May 16, 2024, but the review was not held until September 27 of that year.
The ombudsman found that if Ms F's request had been actioned promptly, the review likely would have occurred earlier. This delay caused considerable frustration and distress for the family, as the council's failings impacted J's educational progress and mental health.
Council's Admission of Fault
Richmond Council acknowledged that it did not secure all the support outlined in J's Education, Health and Care Plan (EHCP). Specifically, the boy was not provided with weekly emotional support, and there were no checks on his eating habits. The council also admitted it should have considered sooner whether the education offered by the school was suitable during J's absence and whether it had a duty to secure alternative provision.
Alternative provision was eventually secured in March 2025, and J received a new EHCP on June 3 of that year. The council's response to Ms F's initial complaint was 28 days late and failed to set out her appeal rights, further compounding the issues.
Compensation and Apology
In response to the ombudsman's findings, Richmond Council apologised to Ms F and offered her £400 in recognition of the injustice and frustration caused by its failings. A council spokesperson stated, "We are sorry that, in this case, a child did not receive all the support set out in their Education, Health and Care Plan. We have apologised to the family and accepted the ombudsman's findings in full."
The spokesperson emphasised that supporting children with special educational needs and disabilities is one of the council's most important responsibilities. "We take any failure to deliver agreed provision extremely seriously. We have implemented the recommended action, and we continue to strengthen our processes to ensure children receive the support they deserve," they added.
Broader Implications
This case highlights ongoing challenges in the provision of SEN support across local authorities. Delays in reviews and failures to implement EHCPs can have severe consequences for children's education and mental health. The ombudsman's intervention underscores the need for timely and effective action from councils to uphold their legal and moral obligations to vulnerable students.
Parents and caregivers are encouraged to seek early reviews and escalate concerns through formal channels if support is not delivered as promised. The compensation awarded in this case serves as a reminder of the accountability mechanisms in place to address systemic failures in special educational needs provision.
