Local Government Ombudsman

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

You are here: Home : : Complaint outcomes : : Education : : Education archive 2007-08 : : Bushey Hall School (06A14354) & Hertfordshire County Council (06/A/11234)

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

Bushey Hall School (06A14354) & Hertfordshire County Council (06/A/11234)

School admissions & Special educational needs     Maladministration causing injustice

11 September 2007

The complaint

Ms K had a son, L, who had a statement of special educational needs (SEN) naming the School he should attend. Ms K complained that the School was fault as it refused to readmit L following a failed move abroad.

Ms K also complained that the County Council then failed to ensure that the School met its obligation to readmit L. And she complained that the Souncil failed to ensure that appropriate alternative educational provision was made for L for the 14 months that he was out of school.

The Ombudsman’s investigation

The Ombudsman’s investigation found that the School was at fault in:

  • refusing entry to a child with an SEN statement naming the School;
  • refusing entry when the School was not full in the relevant year group; and
  • failing to provide Ms K with her right of appeal against this decision.

The Ombudsman found that the County Council was at fault in:

  • not pursuing the issue of L’s readmission to the School in a sufficiently proactive fashion;
  • failing to make any interim educational provision for him during the 14 months he was out of school;
  • then putting in place provision that was insufficient and did not meet the requirements of his SEN statement;
  • failing to consider at an early stage what alternative provision should be made for L, and in then failing to pursue this issue in a sufficiently proactive way; and
  • failing to respond properly to Ms K’s complaints.

The Ombudsman said:

“This is an extremely serious case of two authorities, through their actions and inactions, washing their hands of responsibility for a child’s education. Both failed [L] at an important time in his development, with potentially serious consequences for his future. Neither the school nor the council took [L’s] rights and needs to heart.”

The outcome

The Ombudsman recommended that the Council should:

  • pay Ms K £5,000 on L’s behalf;
  • pay her a further £500 in recognition of her distress, time and trouble.

The Ombudsman welcomed the fact the Council had altered its procedures as a result of this case. He also recommended that the School should review its procedures.

Date Updated: 16/01/09