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Special educational needs Maladministration causing injustice
17 July 2006
‘Mrs Harris’ (not her real name for legal reasons) has a son, ‘David’, who has learning difficulties and health problems he finds embarrassing. He was bullied at school and, on 31 January 2005, he was attacked and robbed by two boys there. Mrs Harris withdrew him from school.
Mrs Harris complained that the Council failed to provide education for David following his withdrawal from school.
The Ombudsman found that Mrs Harris took reasonable steps to find a place for David at a special school because she was seeking an assessment of his special educational needs (SEN). The Council considered David should return to his former secondary school as it was willing for him to return, but it did not use its mediation process to clarify and resolve the bullying issues. Understandably, David did not want to return as he was afraid of the bullies there. The Council did not advise Mrs Harris that she could try to obtain a place at other secondary schools using the appeal process, despite placing the onus on her to find an alternative school.
The Ombudsman finds maladministration causing injustice and the Council has agreed to:
Date Published: 15/01/09
are in .pdf format. To view these files you will need the Adobe Acrobat Reader software. It can be downloaded below free of charge. Click To Download