Summary: Miss X says the Council has paid an insufficient sum to remedy its fault in relation to her son’s education and that it is still failing to provide him with a suitable education. The Council was previously at fault and caused injustice but there is no evidence of further fault. The remedy previously provided was sufficient.

The complaint

1. Miss X complained to the Council about its failure to provide education for her son, Y. The Council accepted fault and awarded Miss X a sum of money. Miss X then complained this was insufficient compensation for either herself or Y. She also complained the Council was still failing to provide Y with a suitable education.

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What I have investigated

2. I have investigated Miss X’s complaints about the Council’s remedy and provision.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I spoke to Miss X and considered information provided by Miss X and the Council. I have also shared my draft statement with Miss X and the Council and considered their comments before finalising my decision.

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Ofsted

6. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children's Services and Skills (Ofsted).

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What I found

7. Miss X has a 17-year old son who is autistic and has severe communication difficulties and other special educational needs (SEN). As a result of fault by the Council, Y remained in an unsuitable school between 2016 and 2019 against the wishes of Miss X. Y’s attendance at school was poor and Miss X had to look after him at home for extended periods.

The financial remedy

8. The Council awarded £1,000 to Miss X to compensate her for “personal frustration and distress”, and £10,000 to B to compensate for his missed education and provide “activities and support”. Miss X complained that this was not enough to compensate herself for missed opportunities while looking after B. She said that the impact on B was lifelong.
9. Miss X told me she had received £11,000 and had spent it on new technology for Y including a new TV, gaming computer and consoles and on a new car which was more suitable for transporting Y to his activities. She said she did not have an enhanced figure in mind but felt it would be nice for Y to have more money in future to help him “find a purpose in life and make friends”.
10. The Council said it had referred to the Ombudsman’s Guidance on Remedies which recommends a figure of £1,200 compensation per term of educational provision missed. It had used the proportion of each term B had missed since 2015 to calculate the £10,000 figure. It felt £1,000 was a proportionate remedy for Miss X’s frustration and distress.

Analysis

11. The Council has explained how it arrived at the remedy figures using the Ombudsman’s guidance. This is evidence of good practice, and shows the Council has taken an objective and proportionate approach to providing a remedy for injustice. I can find no fault in the Council’s process for deciding a remedy. The Council made the £10,000 award to pay for support and activities for Y to assist in making up for his lost educational provision.
12. In response to my draft decision Miss X said she had spent further sums on a bike for Y and adapting her home for him by installing a fence, swing and hot tub. She emphasised that she had “no life” as she constantly had to drive Y around. It is unclear how Y would benefit educationally from a further financial remedy. It is also not possible for me to say whether Miss X’s life would be significantly different today if the Council had acted without fault with regards to Y’s education.

Educational provision

13. The Council also said it would arrange a suitable education for B which would include support specified in his Education, Health & Care Plan (EHCP). Miss X complained that the Council then failed to do so.
14. Miss X said B had been accepted into an education centre in 2019 but was initially unable to stay on site due to his anxieties. Staff had then switched to taking Y on visits while she waited for him. Miss X said the Council was still failing to provide an education to B, who was being “bodyguarded around”. Miss X feels B’s inability to cope with formal schooling and his social difficulties are a consequence of Y’s earlier lack of education.
15. The Council has provided a summary of support and activities provided to Y, including work experience and visits to a shop. Y spends three days per week at the education centre. The programme is geared towards improving social and practical life skills rather than a formal education. Y is also being prepared for transition to a transferrable skills training centre after he leaves the school.
16. Y’s most recent EHCP, completed in January 2021, said Miss X was “generally happy with how things are going” but that she would like his time at school to increase. In response to my draft decision Miss X said she was not happy with how things were going at school and that Y had never done a full week there. She also said the school had said it could see Y during the pandemic then changed its mind.

Analysis

17. Miss X complains that Y is still not receiving an education. However, I am satisfied the Council has made education available. If Miss X is unhappy with the curriculum provided, it is open to her to complain to the education centre. There is no evidence of fault by the Council. Y has complex needs and it is clear these have an impact on the time Y is able to spend at school. Y’s support workers have focused on building Y’s confidence, social skills and practical life skills as he approaches 18. This shows the Council is providing support with Y’s assessed needs.

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Final decision

18. I have completed my investigation with a finding that there was fault causing injustice, but the Council had already taken satisfactory steps to put things right before the complaint was made to the Ombudsman.

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Investigator's decision on behalf of the Ombudsman