A West London council has been strongly criticized by the local government watchdog for failing to uphold its responsibilities towards children with special educational needs and disabilities (SEND). The Local Government and Social Care Ombudsman found Hounslow Council at fault twice in quick succession regarding children educated outside the borough.
Case Details
In one case, a family was compelled to move their child to a different school because the council did not clearly communicate its legal duty to provide support. The child, referred to as Child Y, is a primary school girl with delayed language and communication skills, sensory processing difficulties, and an autism diagnosis. She began attending School 1, located outside Hounslow, in September 2021.
In November 2022, Hounslow Council issued an Education, Health and Care Plan (EHCP) for the girl, which included 26 hours per year of speech and language therapy (SALT), 26 hours per year of occupational therapy (OT), and one hour per week of combined OT/SALT.
Failures Begin
The problems started in January 2024 when the child's father contacted the council to report that School 1 lacked the therapists needed to deliver the EHCP. After a request from the school in May, the council agreed to fund additional therapies at the end of that month.
During an annual EHCP review in June 2024, the possibility of moving the child to a different school with specialist provision for the upcoming academic year was discussed for the first time. In July, a council SEND officer informed the father that no specialist setting was available but said they would consult an academy within the borough.
The officer's communication strongly implied that the girl would only receive her required therapies if she attended an in-borough school. The officer stated that children placed out of borough "would not be eligible for support from the council central teams" – this was incorrect, as Hounslow Council had a legal duty to the child regardless of her school's location.
Consequences of Incorrect Advice
Despite the first school eventually confirming it could source the necessary therapies, the father, having waited since January, reluctantly agreed to move his child to the in-borough school based on the council's incorrect advice and pressure.
In September 2024, Child Y started at the new school. The transition was highly distressing for her, and she began exhibiting behaviors her family had never seen before. Realizing the move was a mistake, the family sought to return her to her original school, but the specialist place had already been given to another child.
In November 2024, Hounslow Council conducted another review and concluded that the new school could not meet the child's needs. This led to the girl being home-schooled.
Ombudsman's Statement
Amerdeep Clarke, the Local Government and Social Care Ombudsman, stated: "This case is a stark reminder of what can go wrong when a council loses sight of its responsibilities to children educated outside its boundaries. A child with complex special educational needs missed vital therapy provision for two whole terms, not because it could not be arranged, but because the council did not have the right systems in place to make it happen.
"I want every council in the country to look at this case and ask whether they are confident they have proper oversight of the children in their area who are educated in out-of-area placements. Are the right arrangements in place? Do staff understand the council's legal duties? Are there systems to check that provision is actually being delivered?
"Children with SEND are amongst the most vulnerable in our communities, and the impact of getting this wrong, on their development, their wellbeing, and their families, can be profound and long-lasting. Effective scrutiny and oversight of local SEND services is not a bureaucratic exercise; it is how councils make sure every child gets the education they are entitled to."
Council Response and Remedies
A council spokesperson told the Local Democracy Reporting Service (LDRS): "Hounslow Council accepts the technicalities of the original Local Government Ombudsman findings and remains fully aware of our responsibilities to children with special educational needs who are schooled outside the borough."
The council was ordered to formally apologize to the family, pay £1,700 in recognition of the distress caused, and ensure the girl can return to her original school. Additionally, the council must implement service improvements to ensure proper oversight of out-of-borough placements.
