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Council told to pay more than £10k for SEN failings following investigation by Ombudsman

The Local Government and Social Care Ombudsman has criticised Leeds City Council after a child did not receive all the provision in their Education, Health and Care Plan (EHCP) over three terms, with the council failing to respond to the mother’s concerns about this.

Details

The case concerned Y, who has an EHC Plan.

Miss X, Y’s mother, complained to the Ombudsman that the council did not respond to concerns about a failure to provide provision in Section F of her child’s EHC Plan.

She said the provision in Section F was not put in place from September 2023 onwards and Y missed out on educational provision as a result. Miss X also said the council delayed carrying out an annual review and issuing a new EHC Plan in 2024.

This meant she had not been able to appeal to the SEND tribunal.

Outlining the timeline of events, the Ombudsman said Miss X asked the council for an early review of the EHC Plan in September 2023.

The review was carried out by the school in November 2023. The school sent the annual review paperwork to the council in January 2024.

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The report noted that Y was on a reduced timetable and to keep the EHC Plan as it was with no significant recommended changes.

Miss X made an official complaint at the end of March 2024. The council responded to the official complaint on 3 January 2025. Her complaints were upheld, with the following remedy offered:

  • A symbolic payment of £1,800 for the period of 2021 until April 2023.
  • A symbolic payment of £500 for the council not attending the emergency annual review in November 2023, the lateness of the official complaint response and receiving no response to issues raised when requesting the emergency review.
  • A symbolic payment of £2,500 in recognition for the impact of the loss of educational provision to Y.

However, Miss X did not accept the offer of the financial remedy, and complained to the Ombudsman.

The Ombudsman observed that Y has not attended school from January 2025 onwards.

Analysing the case, the report said: “Where fault has resulted in a loss of educational provision, we will usually recommend a remedy payment of between £900 to £2,400 per term to acknowledge the impact of that loss. The figure should be based on the impact on the child and take account of factors such as:

  • The severity of the child’s SEN as set out in their EHC plan.
  • Any educational provision – full time or part time, without some or all the specified support that was made during the period.
  • Whether additional provision can now remedy some or all the loss.
  • Whether the period concerned was a significant one for the child or young person’s school career – for example the first year of compulsory education, the transfer to secondary school, or the period preparing for public exams.
  • Lost or delayed right of appeal to tribunal.”

The Ombudsman continued: “From September 2023, the council has offered £2,100 for each of the 3 terms of missed education, totalling £6,300. And £1,700 for the delay in reissuing the final EHC Plan following the annual review in November 2023. This, in addition to the previous £500 offered, makes a total of £10,300.

“I consider the remedy offered by the council is in line with the Ombudsman’s guidance and is appropriate. Miss X made the council aware of Y’s attendance at school was low in September 2023. So, I have considered whether the remedy should be for 4 terms (until December 2024) rather than the three proposed by the council.”

The report noted that the council currently has a Special Educational Needs action plan but this refers mainly to EHC Plan needs assessments.

Therefore, the Ombudsman included a service improvement recommendation for the council to review its procedures to ensure that annual reviews of current EHC Plans are carried out within the timescales set out in the law.

To remedy the injustice caused, the council was told to:

  • apologise to Miss X.
  • pay Miss X £10,300.
  • complete the annual review by sending Miss X the letter telling her whether the EHC Plan will be maintained, amended or cancelled.

A Leeds City Council spokesperson said: “We accept the findings of the Local Government and Social Care Ombudsman in relation to this case and acknowledge that there were delays and shortcomings in the support provided. We sincerely apologise for the impact this had on the family involved.

“As a learning service committed to the highest standards, we have already begun reviewing our processes to ensure that improvements are made. Our priority remains delivering timely and appropriate support to children and young people with special educational needs.”

Lottie Winson