Derby City Council ordered to pay thousands for being at fault over child’s education

13/01/2024

Derby City Council has been ordered to pay more than GBP6,500 in compensation after it was found the authority took significantly too long to arrange alternative education for a SEND child. An investigation report by the Local Government and Social Care Ombudsman said the city council [1] was at fault for finalising and issuing an amended Education, Health and Care (EHC) Plan for the child 23 weeks later from when it should have been sorted. This meant the child missed a “considerable amount” of full-time education [2].

The Ombudsman concluded in the report that the delay “caused a significant injustice” to both the child and the family involved. The council was ordered to pay a total of GBP6,600 to the family for the long delay. Derby City Council has confirmed the compensation figure has been paid and it has apologised to the family involved.

It says any instructions from the Local Government Ombudsman [3] “are actioned as soon as is reasonably possible.” According to the report, events started to unfold in December 2022. Following an emergency review meeting, an unnamed mainstream secondary school [4] felt it could no longer support the needs of the child – known in the report as “B”.

In January last year the council sent the child’s mum – known in the report as “Ms M” – a draft amended EHC plan and invited her to suggest a school. Ms M said she would like her child to attend an independent special school. B stopped attending the mainstream secondary school in early February following an incident.

Soon afterwards Ms M asked the council to make alternative arrangements for B’s education. She said B did not feel safe at school because of bullying. The council contacted the school to ask what arrangements the school had made and whether the school had sent work home.

The council declined to make alternative arrangements at this point. The council’s ‘placement panel’ considered Ms M’s request for an independent special school at the end of February. But Ms M complained to the council again in April after little progress was made.

Ms M claimed the council’s ‘placement panel’ had heard B’s case twice but had still not decided which school he would attend. She asked the council for help. She said her son needed education and she herself needed support as the situation meant she was taking two days unpaid leave every week to support her child at home but her employer would only allow this for another three weeks.

The report says the council then responded at the second stage of its complaints process in May. At the time the authority said its preferred community special school could not meet B’s needs and was instead consulting with Ms M’s preferred independent special school. The council said that “while it sympathised with Ms M’s frustrations at not getting a speedy change of placement for B, it did not uphold her complaint because B had a school place he was not attending”.

Unhappy with the council’s response, Ms M later complained to the Ombudsman. The council issued the child’s final amended EHC Plan on August 22 which stated the child would attend a community special school from September 2023. However, the Ombudsman concluded that the child should have had an alternative education plan finalised by the council in March – five months before it was dealt with.

The report’s conclusion reads: “The council’s failure to provide full-time education by way of a place at a special school from March 8, 2023 at the latest is fault. It caused B a significant injustice. He missed a considerable amount of full-time education.

“Fault by the council also caused Ms M considerable injustice. B should have attended school full-time. Instead, he was at home with only a small amount of provision.

Ms M works full time and had to take unpaid leave for two days each week to stay at home with B. B went to Ms M’s parents three days a week.” The Ombudsman ordered the council to make three payments of compensation, which totalled GBP6,600.

It warned the council it did not wish to make repeated recommendations in the future. Councillor John Whitby, Derby City Council cabinet member for learning and skills, said: “The council places the needs and aspirations of the child at the centre of every decision, ensuring that any additional or special educational needs are supported by their placement to secure the best possible outcome. Any and all instructions received from the Local Government Ombudsman or courts are actioned as soon as is reasonably possible.”

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References

^ the city council (www.derbytelegraph.co.uk)
^ full-time education (www.derbytelegraph.co.uk)
^ Local Government Ombudsman (www.derbytelegraph.co.uk)
^ unnamed mainstream secondary school (www.derbytelegraph.co.uk)
^ the main Derbyshire Live newsletter here (www.derbytelegraph.co.uk)