South London Mother Secures £4,000 Compensation for Son's Lost Education Year
A mother from Southwark has been awarded £4,000 in compensation after her son missed an entire year of education following his exclusion from college. Southwark Council has been ordered to apologise to the family and reinforce standard procedures for reviewing Education, Health and Care Plans, as per a Local Government and Social Care Ombudsman investigation.
Details of the Case and Council Failures
The mother, referred to as Ms X in the Ombudsman report, received the compensation to acknowledge the loss of her son's special educational provision, including therapy, and the avoidable distress and inconvenience caused by poor communication and delays in appeal rights. Her son, Mr Y, an adult with special educational needs, was permanently excluded from a college for learners with moderate to profound learning and physical disabilities in January 2024.
Southwark Council issued a draft EHC Plan in July 2024 and consulted with an educational placement that claimed it could meet Mr Y's needs, but Ms X deemed it unsuitable. She suggested Centre B, but council officers did not consult with it because it was a social care day centre, not a registered education provider. Another draft EHC Plan was issued in October 2024, and Ms X requested consultation with another non-registered provider before suggesting a college.
Delays and Inaction by the Council
In December 2024, Ms X and council officers agreed to consult with the suggested college, with a letter sent in late January 2025. Mr Y began one-to-one tuition for ten hours weekly in early February 2025. However, the council contacted the college in mid-February, only to learn it had no places until September 2025, subject to funding approval and EHC Plan amendments.
Ms X complained to the council in January 2025, which upheld her complaints, apologised for delays, and offered £1,800 for missed educational provision from January 2024 to January 2025, plus £200 for missed therapies, £100 for delayed appeal rights inconvenience, and £100 for distress from poor communication. The council cited staff shortages for not assigning a new case co-ordinator.
Ombudsman Investigation and Findings
Dissatisfied, Ms X complained to the Ombudsman in June 2025. Mr Y started at the new college in September 2025. The council admitted it had not issued an amended final EHC Plan since June 2022. The Ombudsman found the council's inaction breached Section 42 of the Children and Families Act, failing to keep a written record of Mr Y's annual review in March 2024 and not issuing a final amended plan within 12 weeks.
The Ombudsman stated: "The council had the opportunity to issue a final amended plan in September 2024 as one placement had said it could meet Mr Y’s needs. Although this was not Ms X’s preferred option, it would have allowed Mr Y to receive educational provision while giving Ms X appeal rights."
It added: "The council is yet to issue a final amended plan. This continuing fault has caused an ongoing injustice of avoidable frustration and a delay in appeal rights." The council will implement the Ombudsman's agreed actions.
