Council to pay £6k after failings see child miss out on education for 12 months
An investigation by the Local Government and Social Care Ombudsman has found Cheshire West and Chester Council at fault for a series of delays leading to a boy with special educational needs (SEN) missing out on education for 12 months.
The woman behind the complaint, Miss B, said the council failed to identify a suitable school placement for her son, failed to put in place alternative provision, delayed issuing a final education, health and care plan (EHCP) and failed to respond to her communications.
She told the Ombudsman the council’s actions affected her son emotionally and mentally, and led to him missing out on schooling.
Outlining the background to the case, the Ombudsman noted that Miss B’s son has SEND and an EHCP.
Until November 2023, Miss B’s son lived in a different council’s area. Miss B told the council her son was moving into its area in November 2023 and provided the council with a copy of her son’s EHCP.
In January 2024, Miss B put in a complaint. Miss B also asked the council to carry out another EHC needs assessment. The council agreed to carry out the EHC needs assessment on 13 February.
When responding to Miss B’s complaint on 16 February, the council apologised for its “poor communication”. It said it had consulted various schools, but none could meet Miss B’s son’s needs.
Following a further complaint, the council accepted it had delayed completing the EHC needs assessment. The council apologised and offered Miss B £500 to reflect her son’s missed education to that point, the Ombudsman noted.
The council issued a draft EHC Plan on 7 October and began consulting schools. However, none of the schools could offer Miss B’s son a place.
In November, the council began discussing the possibility of a tutor for Miss B’s son while it continued to try to identify a school place. The council identified a tutor and put in place eight hours per week of education from 25 November.
Despite issuing a further draft EHC Plan in November, the council had still not issued a final EHCP when it responded to the Ombudsman’s enquiries in December 2024.
The Ombudsman investigated and concluded that Cheshire West and Chester Council failed to identify a suitable school placement for Miss B’s son, delayed putting into place alternative provision, delayed issuing a final EHCP, and failed to respond to all her communications.
The report noted: “The council should have issued a final EHC Plan within 20 weeks and failed to do so. I note the council says it deliberately delayed issuing the final EHC Plan until it could name a school in section I. While I understand the point the council makes, the code of practice is clear councils must adhere to the timescales set out.
“As the council notes, it could have issued an EHC Plan with the type of school named in section I and that is what the code of practice requires the council to do if it cannot name a specific school. Failure to do that means Miss B had her right of appeal delayed and potentially means her son missed out on further SEN provision.”
To remedy the injustice caused, the Ombudsman recommended the council to:
- apologise to Miss B for the distress and frustration she experienced;
- pay Miss B £6,500;
- discuss with Miss B the amount of hours her son can manage in education pending the council identifying a suitable school placement and then put those hours in place;
- issue a final EHC Plan if it has not already done so;
- remind officers dealing with children with an EHCP transferring into its area of the need to follow paragraphs 9.157-9.160 of the code of practice;
- remind officers in education of the need to ensure the council complies with its section 19 duty by putting in place alternative provision for children that are not attending school;
- remind officers dealing with EHC Plans of the need to ensure the timescales set out in the code of practice are adhered to.
A spokesperson for Cheshire West and Chester Council said: "Cheshire West and Chester Council accepts the findings of the Local Government and Social Care Ombudsman and sincerely apologises for the failings identified in this case. We have accepted all the Ombudsman’s recommendations, including the financial remedy, and have taken steps to strengthen our SEND processes to prevent similar issues in future.
"We remain committed to improving outcomes for children and young people across the borough."
Lottie Winson
