Local Government Lawyer

North Tyneside Council has agreed to pay £5,900 to a family after an investigation by the Local Government and Social Care Ombudsman found the local authority failed to provide promised specialist technology that would have allowed a child with special educational needs to learn from home.

The Ombudsman noted this was the second time it had ruled against the council for the same child.

The child had not attended school since September 2022 due to their special educational needs.

Following an earlier Ombudsman investigation in August 2023, the council agreed to purchase specialist technology that would enable the child to interact with their class while learning from home.

The council claimed “IT security restrictions and compatibility issues” meant the technology could not be provided, but it then failed to arrange any alternative education for 13 months, leaving the child without suitable provision “during a crucial GCSE year”, the Ombudsman's report observed.

The Ombudsman said: “The council also did not attempt to put any other arrangements in place for the child’s education until September 2024. And even then, it relied on the school to make a referral to an alternative provider, chasing the school nine times rather than arranging provision directly.”

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

  • Pay £5,900 in recognition of the impact on the child’s education;
  • Apologise to the family;
  • Review its processes to ensure it maintains oversight where it relies on schools to arrange alternative provision and takes timely action when a school does not arrange the provision or the planned provision cannot take place.

According to the report, the council has agreed to the Ombudsman’s recommendations.

Mark Mirfin, Director of Children’s Services at North Tyneside Council, said: “We are sincerely sorry for the delays in finding an alternative provision for this child.

“We have carefully reflected on what went wrong, and the learning from this has helped us strengthen our processes so that children and families get the support they need more quickly. A provision has been in place for the child since March 2025.”

Lottie Winson

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