London Mother Awarded £6.8k After Council Failed Her Special Needs Son
A South West London mother will receive more than £6,800 in compensation after her son, who has special educational needs, missed out on months of crucial education due to council failures. The Local Government and Social Care Ombudsman investigation revealed Richmond Council did not properly consider whether the boy could access provision outlined in his Education, Health and Care plan or fulfill its duty to make alternative arrangements.
Months of Educational Disruption
The ombudsman report detailed that the boy, referred to as K, missed provision in his EHC plan from October 2023 to May 2024, and alternative educational arrangements from January to May 2024. His mother, identified as Ms X, said the council's shortcomings caused her son significant distress and isolation, leading to declining mental health and major educational impact.
The council initially agreed to reconsider a previous decision not to issue K with an EHC plan in July 2023, as he struggled to attend school due to worsening mental health and anxiety. Authorities also decided to commission a clinical psychologist assessment, though they later acknowledged this should have happened sooner.
Financial Burden and Council Inaction
When K remained unable to attend school despite reintegration measures, Ms X requested the council agree to online schooling with dual registration in January 2024. With the new term starting and her son having no proper education for months, she enrolled him at an online school and paid for it herself.
The council refused to agree to the online school or dual registration in February, instead recommending an EHC plan review that occurred in March. While the watchdog acknowledged the council was right to call an annual review, it found authorities failed to properly consider making alternative provision for K during this period.
Systemic Failures Identified
The report highlighted multiple council shortcomings: "The reintegration plan was not working and the school had said that it could not deliver the EHC plan. It is also not clear that the council considered the psychologist's view... that K was being harmed by continued efforts to reintegrate him to school."
Council officials did not reconsider their duty to make alternative provision until Ms X raised the issue in March. They then told her the school would cover online school costs, but when the school offered less than Ms X had paid, the council failed to intervene.
The watchdog emphasized: "This means that when it became clear that Ms X could not agree the payments with the school, the council should have intervened to make sure Ms X was reimbursed."
Compensation and Apology
The ombudsman ordered Richmond Council to apologize to Ms X and pay £6,806 total compensation - including £5,256 for the online school and £1,550 for missed provision. A final EHC plan issued in May 2024 stated K should be taught outside school with online schooling, occupational therapy, and therapeutic services.
A Richmond 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 and an alternative provision offer. We have apologized to the family and accepted the ombudsman's findings in full."
The spokesperson added: "Supporting children with special educational needs and disabilities is one of our most important responsibilities, and we take any failure to deliver agreed provision extremely seriously. We will implement all recommended actions and strengthen our processes to ensure children receive the support they deserve."
