Failure to provide specialist therapy for boy with special needs
Archived press release
Date Published: 14/08/09
The London Borough of Redbridge failed to provide specialist occupational therapy for a boy as required by his statement of special educational needs.
The London Borough of Redbridge failed to provide specialist occupational therapy for a boy as required by his statement of special educational needs, finds Local Government Ombudsman, Tony Redmond. In his report, issued today (14 August 2009) he says: “The difficulties it encountered in recruiting someone due to changes in employment rules do not absolve the Council of its duty in this regard.”
‘Mr and Mrs Cotton’ (not their real names for legal reasons) complained that the Council failed to ensure that occupational therapy was provided for their son, ‘Andrew’, as specified in his statement of special educational needs.
The Ombudsman finds maladministration causing injustice in that the Council:
- failed to provide sessions for Andrew with a specialist occupational therapist (OT) within the timeframe set out in his statement; and
- failed to make the OT provision that the Special Educational Needs and Disability Tribunal (SENDIST) considered necessary.
Mr and Mrs Cotton were distressed by these failures, and had to take considerable time and trouble in chasing the Council repeatedly to find out what was happening. They say that, as a result of the delay in getting the provision set out in his statement, Andrew has regressed in the development of his life skills, and that his life chances have been affected.
To remedy the injustice to Andrew and his parents, the Ombudsman recommends that the Council:
- ensures that sessions for Andrew with a new specialist OT start in September 2009 with his new regular OT in attendance;
- pays Mr and Mrs Cotton £1,000 compensation for the injustice caused to Andrew;
- pays them £250 for their distress; and
- pays them £250 to reflect their time and trouble.
Report ref 08 017 856