Local Government Ombudsman

> | Accessiblity Options | Text Only | Text Size: A+ A- Reset | Links | Site Map

You are here: Home : : Complaint outcomes : : Education : : Education archive 2006-07 : : London Borough of Waltham Forest (05A12278)

Quality and efficiency

Browser support

Browse aloud

Click here for speech assisted browser support

Downloads

Site tools

Files with this symbol pdf icon 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

adobe acrobat reader

London Borough of Waltham Forest (05A12278)

Special educational needs        Maladministration causing injustice

15 January 2007

‘Ms Naylor’ (not her real name for legal reasons) complained about the way that the Council dealt with the special educational needs of her son, ‘Scott’. Scott was temporarily excluded from his mainstream secondary school in January 2003 and did not return there. He was diagnosed with Attention Deficit and Hyperactivity Disorder (ADHD) and Asperger’s Syndrome. Ms Naylor complained that it took too long for the Council to identify a school that could meet Scott’s special educational needs and that, during the period of around 18 months that he was not attending school, the Council failed to make suitable provision for him. Scott received home tuition of up to ten hours a week.

The Council approached a wide range of schools but none was able to offer Scott a place. Ms Naylor asked the Council to consider an independent special school, and with the Council’s agreement, Scott started there in June 2004.

The Ombudsman finds maladministration causing injustice to Ms Naylor and Scott in that the Council:

  • did not take appropriate action to identify a suitable school place for Scott between September 2003 and March 2004;
  • did not make provision for Scott to receive suitable full-time education, and to meet his special educational needs between March 2003 and March 2004; and
  • blamed Ms Naylor for the its own shortcomings in a way which was neither fair not accurate.

To remedy the injustice the Ombudsman recommends that the Council should:

  • pay Ms Naylor £3,000 to be used for Scott’s education or training;
  • pay Ms Naylor £250 to recognise her time and trouble in pursuing her complaint;
  • apologise to Ms Naylor; and
  • review its policy for provision for children who are not attending school and its approach to communicating with parents.

Date Published: 15/01/09