Family of special educational needs pupil failed by SEND system is awarded £5,000 payout

The family of a child who was excluded from a special school will receive a £5,000 council payout after the youngster missed months of education.

The boy, who has developmental delay, cognitive impairment and behavioural problems, was permanently excluded from his school in October 2021 and began being taught by a tutor.

But after an incident with the tutor, the tutoring was withdrawn in May 2022 and a new provider was not found until January of this year.

Hertfordshire County Council has now been ordered to pay £5,000 for the failings, after an investigation by the Local Government and Social Care Ombudsman.

The council apologised and said it took the findings "very seriously".

During the period he was out of education, the boy's mother sent the council a list of schools she wanted to be considered as potential places for her son.

In June 2022 she complained that the special educational needs service had been unacceptable and that the council had not responded to her request for the boy’s needs to be reassessed.

And she suggested that remaining at home all the time was affecting the boy’s mental health.

In autumn 2022 the county council contacted 24 special schools – in Hertfordshire and beyond – but no school offered a place.

In the report the ombudsman said that the council was "at fault" for its failure to provide education between June 2022 and the end of December 2022 – recommending that it should pay out £3,000.

He also directed it to pay the mother £300 in recognition of the uncertainty caused by the council’s delay in considering her request for re-assessment of the child’s needs – and a further £1,200 to recognise the ‘injustice’ caused by missed annual reviews.

He ruled that the council should pay £500 to recognise the distress caused by the council’s own failings with its complaints process and failure to communicate with her effectively.

A spokesman for Hertfordshire County Council said: “We would like to apologise to the family involved in this case.

“We are committed to working in partnership with young people, parents, carers and schools to ensure that all children with SEND and EHCPs in Hertfordshire receive the support they need and deserve.

“The number of children being identified who may require SEND support continues to increase, raising challenges both nationally and here in Hertfordshire.

“In common with many local authorities, we are experiencing an unprecedented increase in requests for specialist provision, with a 47% increase in pupils with Education and Health Care Plans (EHCPs) since 2019, as well as the additional challenges due to COVID-19.

“We are making new investments into the SEND system and are fully committed to making sure that all children with SEND and EHCPs in Hertfordshire receive the support they need and deserve.”

Want a quick and expert briefing on the biggest news stories? Listen to our latest podcasts to find out What You Need To Know