Overview:

Key to names used

• Mr X The complainant
• Mrs X The complainant’s wife
• Y Mr & Mrs X’s son

Summary

Mr X complained the Council failed to secure full-time education and provision in an Education, Health and Care plan for his son, Y. He also complained the Council failed to investigate when a school discriminated against Y; the School has subsequently admitted disability discrimination.

Finding

Fault causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

Within three months of the date of this report, to remedy the injustice caused, the Council should:

• apologise to Mr and Mrs X and to Y for the faults identified in this investigation;

• refund Mr & Mrs X’s private tuition and therapy costs of £3,125.60;

• pay Mr & Mrs X £2,500 towards avoidable legal fees incurred;

• pay Y £5,000 to remedy the injustice of lost special educational needs provision to be used for his educational benefit;

• pay Mr & Mrs X £4,650 (£10 an hour for 465 hours) for the additional care parents provided during school hours and to acknowledge the significant adverse impact on their employment; and

• pay Mr & Mrs X £500 to recognise the frustration and distress caused by the Council’s failure to secure the provision and the time and trouble to resolve the complaint.

To improve services, within three months of the date of this report, the Council should ensure officers are reminded of the following & provide us with evidence of this:

• The Council’s duty to secure the special educational provision in an EHC plan, which is non-delegable.

• The Council’s duty to provide full-time education to children of compulsory school age, this could include making supplementary provision within or otherwise than at school to make education up to full-time where a school cannot provide it.

• The requirement to make alternative education available as soon as possible that meets individual needs, councils must not have rules that may limit the offer of education provided.

• The Council’s equality duties, how these may arise in cases of children with special educational needs and EHC plans and what officers should do if they have concerns about schools discriminating against pupils.

• The requirement to carry out thorough, impartial complaint investigations based on evidence and consider the facts of the individual case. (The Ombudsman’s Principles of Good Administrative Practice).

Ombudsman satisfied with Council's response: 5 January 2023

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