Local Government Ombudsman

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Warwickshire County Council (03B16496 + one other)

Special educational needs        Maladministration causing injustice

26 September 2005

‘Ms Campbell’ had a son, ‘Daniel’ (not their real names for legal reasons), with Asperger’s Syndrome. Ms Campbell complained that the Council failed to notify her in advance that it would cease maintenance of a special educational needs statement for Daniel and withdraw funding from his education in June 2001. She also complained that the Council’s decision to reinstate the funding of his education in September 2002 was subject to unnecessary delay.

The Ombudsman found maladministration with regard to both aspects of Ms Campbell’s complaint. He found that there were a series of administrative failings by the Council in the time leading up to the lapsing of Daniel’s statement of special educational needs in June 2001. He considered the Council failed to ensure that adequate regard was had to planning Daniel’s post-16 education. In particular, he criticised the Council for the lack of attention it gave to considering Daniel’s social needs and for failing to resolve a conflict between its officers and Ms Campbell as to where Daniel’s post-16 educational needs could be best met.

The Ombudsman also considered the Council could have done far more to help ensure that Daniel was reintegrated back into education before September 2002. It failed to recognise earlier failings, and there was a failure of communication between its social services and education departments. Then, when the Council did give renewed consideration to Daniel’s post-16 education, he found that it worked upon the basis of assumptions about institutions that could meet Daniel’s needs, without evidence to support those assumptions.

The Ombudsman found maladministration causing injustice and recommended the Council to apologise to Ms Campbell and Daniel, and to pay compensation of £2,000 to Ms Campbell and £3,000 to Daniel in recognition of the distress they were caused and costs they incurred as a result of the Council’s failings.

The Ombudsman also recommended the Council to review its administrative arrangements to ensure that, as far as possible, the maladministration identified does not recur.

Date Published: 30/07/09