A Merton mum’s complaint about her child not receiving months of special education provision has been upheld by the Local Government and Social Care Ombudsman (LGSCO). The council, responsible for providing special needs education, initially refused to make changes to the child’s Education, Health and Care Plan (EHCP) despite the mum’s concerns.
The complaint dates back to November 2022 when the mum, referred to as Miss D, began raising concerns about her child’s attendance at school X. The child’s attendance dropped significantly before stopping altogether in January 2023, prompting Miss D to report issues such as worsening behavior, toilet problems, discrimination, and the use of physical force by teachers at the school.
After ongoing disagreements about the child’s educational placement, the council decided to stop funding the child’s place at school X in May 2023. Despite issuing a revised EHCP outlining the educational provisions the child required, the council failed to specify a new school setting, leaving the child without proper educational support from May to October 2023.
Despite the council’s efforts to address the mum’s concerns, there were discrepancies in communication that led to avoidable distress and frustration for the family. The council has acknowledged the investigation findings and has committed to apologizing to the mum within 20 working days. They have also provided compensation to cover the three months of lost educational services and the distress caused by mishandling the complaint.
Moving forward, the council has agreed to implement several key actions to prevent similar incidents from occurring in the future. This includes ensuring that relevant staff provide full-time alternative education for children with EHCP, addressing therapeutic provisions, and reviewing delays in responding to correspondence.
A spokesperson from the council expressed regret for the distress caused and emphasized their commitment to offering the best education possible to children with special needs. They have already taken steps to remedy the situation, including providing training for staff working on such cases.
In conclusion, the upheld complaint highlights the importance of effective communication and timely action in ensuring that children with special needs receive the support they require. The council’s commitment to learning from this incident and implementing changes is a positive step towards improving the educational provisions for all children in Merton.
