Local Government Ombudsman

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Essex County Council (08 014 997)

Special educational needs  Maladministration causing injustice

28 September 2009

Essex County Council delayed unnecessarily in providing an assessment for a girl with special educational needs. The Ombudsman said: “I consider the Council missed opportunities to assist Cecilia, and in particular, that more consideration should have been given to her difficulties. There seems to have been no sense of urgency to meet her needs.”

‘Mrs Williams’ alleged that the Council delayed unnecessarily in dealing with her daughter, ‘Cecilia’s’ (not their real names for legal reasons) special educational needs and that, as a result, the Council failed to make appropriate educational provision for her. Cecilia had dyslexia.

Initially, the Council refused Mrs Williams’ request for an assessment. It did not then review the request as it said it would. It later had a change of heart without clear and additional new information, deciding to carry out an assessment. There was unnecessary delay in reaching this decision, which subsequently led to a statement of Cecilia’s special educational needs.

Remedy

The Ombudsman found maladministration causing injustice. To remedy the injustice the Council:

  • agreed to fund a further year of specialist teaching;
  • reimbursed Mrs Williams the cost of an educational psychologist’s report for which she paid;
  • paid Mrs Williams £500 for her distress and her time and trouble in pursuing her complaint; and
  • paid Cecilia £250 for her distress and missed opportunities.

It also agreed to reconsider its criteria for the commencement of a statutory assessment, so that future cases like Cecilia’s are picked up sooner and appropriate support is provided.

The Ombudsman said: “It cannot normally be right that parents have to commission their own report to provide relevant information, or that councils cannot seek their own educational psychologist’s assessments, when a school fails to provide key information.”

LGO satisfied with Council's response: 18 February 2010

Date Updated: 19/02/10