Council to pay over £2k after failings led to boy missing out on education

In its report, the Ombudsman recommended the council pay £2,750 to remedy the injustice caused to the family, and provide a written apology.

The woman behind the complaint, Miss X, complained that the council:

• Failed to share her son (Z)’s Education, Health and Care (EHC) Plan with his college setting at the start of the academic year.
• Delayed putting suitable alternative provision in place when her son’s college placement broke down.
• Delayed dealing with her complaint about these matters.

She told the Ombudsman that these failings had a significant impact on her son’s mental health, wellbeing and educational attainment.

Considering the complaint, the Ombudsman said: “The council failing to carry out post-16 transition planning meant the council did not share Z’s EHC Plan with College J before the start of the 2023/24 academic year.

“On the balance of probabilities, I find College J not having access to Z’s EHC Plan would likely have affected its ability to put in place the special educational provision needed to support Z. This would likely have contributed to Z’s difficulty engaging with College J and the breakdown in placement. Z was denied the opportunity to fully engage with College J, which is an injustice.”

The council confirmed that it provisionally agreed funding for alternative provision in October 2023, shortly after being told Z’s placement had broken down.

However, the Ombudsman said the council accepted it did not put alternative provision in place until “some time later”.

The Ombudsman noted: “I therefore find Z did not receive suitable education provision between September 2023 and 14 June 2024, the point when the council issued Z’s amended final EHC Plan. This loss of education provision is an injustice to Z.”

Meanwhile, the investigation found the council failed to adhere to its complaint procedure timescales, delaying “significantly” when responding to Miss X’s stage one complaint.

“This meant Miss X had to chase the council for its response several times, over a prolonged period”, the report noted.

Lastly, Miss X told the Ombudsman that she sought reimbursement for practical lessons she had arranged for Z after his placement at College J broke down. She said the council agreed to retrospectively cover the costs incurred from June 2024 onwards, but not before this.

Ms X therefore asked the council to reimburse the costs prior to this, noting that Z’s EHC Plan highlighted the benefits to Z from attending these lessons.

The Ombudsman said: “While the EHC Plan noted the benefits of these lessons for Z, the lessons were not specified as special educational provision under Section F of the plan. The council was not therefore required to secure this as provision. I consider the council’s offer to retrospectively meet the costs from June 2024, the point at which it issued Z’s amended EHC Plan, to be reasonable.”

To remedy the injustice caused, the Ombudsman recommended the council to:

• Provide a written apology to Miss X and Z for the faults and injustice identified.
• Pay Miss X and Z £2,400 in recognition of Z’s lost education provision. This is £900 per term, across two academic terms and two months.
• Pay Miss X £150 to recognise the avoidable time and trouble she experienced due to the faults in the council’s complaints handling.
• Pay Miss X the £200 in costs it agreed to reimburse, if it has not already done so.

On the second recommendation, the Ombudsman said: “I have considered the Ombudsman’s Guidance on Remedies when making this recommendation. In particular, I have considered Z is a young person, beyond compulsory school age but with an EHC Plan, to whom the council accepted a responsibility to arrange alternative provision. Z began receiving some provision in April 2024 and the council proposed additional provision from September 2024 to offset any losses incurred.”

A Salford City Council spokesperson said: “We are unable to comment on individual cases and accept the Ombudsman’s final decision and will follow the agreed action.”

Lottie Winson