East Sussex County Council (05A15425)

Special educational needs        Maladministration causing injustice

13 August 2007 

The complaint

Ms M complained about the way the Council dealt with the special educational needs of her son, N, who had left his mainstream secondary school at age 13 in July 2004. Between September 2004 and early 2007, N only received limited home tuition.

What happened

While the Council assessed N’s special educational needs after July 2004 it did not issue a final statement until May 2007. During that time the Council attempted to find an alternative school place for him and approached a wide range of schools. In April 2007 a new school was identified, and N began attending on a part-time basis.

The Ombudsman’s view

The Ombudsman found fault by the Council in that:

• the education welfare service failed to investigate and monitor N’s case properly, and it was closed inappropriately;
• the Council failed to arrange promptly for home tuition for N and subsequently failed to increase the level of tuition despite an agreement to do so; and
• the Council delayed before issuing a final statement of N’s special educational needs.

The Ombudsman found that, between September 2004 and March 2007 the limited education that was provided did not meet N’s needs. He said “The Council cannot be held responsible for the entire period. But I am satisfied that, were it not for the faults I have identified, home tuition would have been provided at an appropriate level early in 2005.”

The outcome

To remedy the injustice, the Ombudsman recommended that the Council should pay Ms M £7,000 to be used for a purpose related to N’s education or training, plus £250 to recognise her time and trouble in pursuing her complaint.

Date Updated: 16/01/09