This means that Y’s local council must pay £2,000 in damages to his family. This decision comes after years of the council refusing to provide adequate educational services. The ombudsman’s review found serious failings in how the council addressed Y’s educational needs. Beyond that, the council was influenced by this.
Y was in a therapeutic day school until April 2024 but started having issues with attendance even before that point. By the end of October 2024, Y’s tuition stopped because he was having a hard time connecting with the academic content. In turn, the council hired a special advisory educator to reassess Y’s educational plan. By February 2025, there was yet to be a completed plan or sufficient measures implemented for Y.
The ombudsman’s investigation exposed a glaring loophole. Even though the individual returned home from the special school, the council did not meet its obligation to provide an appropriate alternative for education during the 8 critical months from September 2024 to April 2025. This failure continued despite the requirements outlined in Y’s health and care plan (EHC), which details the necessary support for Y’s educational needs.
Y’s family formally complained to the ombudsman in February, prompting a thorough review of the council’s actions. The ombudsman found that the council did not often monitor Y’s progress. They found a lack of response to the mother’s issues. This was fault. The report stated that “the council failed to consider carrying out an interim review when Y left school and failed again to do so when Y’s alternative provision was unsuccessful.” This oversight left Y with “an out-of-date plan which did not meet their needs.”
As a result of these findings, the ombudsman ordered the council to compensate Y’s family £1,800 for not securing the educational provisions specified in Y’s plan for two terms. In addition, a further £200 was granted to reflect the shock and anxiety experienced by the family during this process.
