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The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Council told to pay £15k after failings led to child missing education for two years

The Local Government and Social Care Ombudsman has called on North Northamptonshire Council to pay nearly £15,000 after the local authority's failings led to a child missing out on education for two years.

Mr and Mrs B complained that the council failed to provide a personal assistant for their daughter (Miss K) from Summer 2021 to September 2023, in accordance with her Education Health and Care (EHC) plan.

The complainants told the Ombudsman this meant their daughter was not able to fully attend school.

Outlining the background to the case, the Ombudsman said Miss K has special educational needs. Her EHC plan says she will have a personal assistant to provide one hour each week-day morning of education and training in learning independent living skills.

Mr and Mrs B chased both the council and the school for this provision but the council failed to provide the personal assistant. Mr and Mrs B complained to the council in June 2022.  

By November, the council still had not provided the personal assistant or contacted Mr and Mrs B. North Northamptonshire reviewed K’s EHC plan, and concluded that it could not judge whether Miss K had met the intended outcomes of the current plan because she had not been able to attend school.

At the review, the parents and the school asked the council to consider an Education Other Than At School (EOTAS) package.

The Ombudsman said: “The council says its records show that it decided not to amend the plan. The law says that the council should have notified Mr and Mrs B of this decision. The parents would then have the right to appeal to the tribunal against this decision.”

The report revealed that North Northamptonshire did not begin to seek a personal assistant until May 2023. The assistant started work with Miss K at the beginning of September 2023.

The Ombudsman investigated and concluded there was “clear fault” by the council. The report said: “[The council] has acknowledged that it failed to provide the personal assistant in accordance with Miss K’s EHC plan for nearly two years. This meant that Miss K did not receive the support she needed to attend school. Mr and Mrs B have told me that this jeopardised her education entirely, and the 2022 review is clear that Miss K was not receiving any education."

Further, the council failed to notify Miss K’s parents that it intended to maintain the plan without amendment, and it took “too long” to respond to their complaints, the Ombudsman found.

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

  • Ensure it has completed the review of Miss K’s EHC plan and communicated the outcome to the parents within the legal time frame.
  • Apologise to Mr and Mrs B and if her parents deem it appropriate, separately to Miss K.
  • Pay to Mr and Mrs B £2,200 per term for the six terms of missed provision.
  • Pay to Mr and Mrs B £1,000 for the distress it caused them, and for the uncertainty that the right to appeal may have resolved the problems sooner.
  • Pay to Mr and Mrs B £500 in recognition of the time and trouble they were put to when the Council failed to respond to their complaints in good time.

The Ombudsman revealed the council had agreed to the recommendations.

North Northamptonshire Council has been approached for comment.

Lottie Winson