Local Government Ombudsman

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

You are here: Home : : News and press : : 2009 : : October : : Essex County Council fails to act with sufficient urgency to assist a girl with SEN

What's new

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

Essex County Council fails to act with sufficient urgency to assist a girl with SEN

Archived press release

Date Published: 06/10/09

The Council delayed unnecessarily in providing an assessment for a girl with special educational needs.

In his report, issued today (6 October 2009) the Ombudsman, Tony Redmond, says: “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 has failed to make appropriate educational provision for her. Cecilia has 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.

The Ombudsman finds maladministration causing injustice. To remedy the injustice the Council has agreed to:

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

It has 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 says: “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.”

Report reference: 08 014 997