Cumberland Council to pay £2,000 for child’s missed education

A council has been ordered to pay £2,000 compensation to a family after their child missed out on two school terms.

The local government and social care ombudsman upheld a complaint from the mother of a child with special educational needs after Cumberland Council failed to review these.

A report published by the ombudsman said the council had “failed to secure” educational provision detailed in the child’s health and care plan (EHC) – a document which outlines what needs they have and the support they require – and provide a suitable alternative between September 2024 and April 2025.

Cumberland Council has been approached for comment.

The ombudsman said the child, referred to as Y in documents, had been going to a special school until April 2024, at which point they started struggling to attend.

The council arranged out-of-school tuition but, when it issued a draft EHC plan following a review, it continued to name the previous school as the child’s placement.

The family complained and the council committed to making changes.

By the October, Y’s tuition had stopped because they struggled to engage with it and council records showed the authority had asked a special advisory teacher to carry out a review of the child’s plan.

However, in the February the family complained to the ombudsman because there was still no final plan nor provision in place.

“There is little evidence of the council reviewing Y’s progress or acting on [the mother’s] concerns. This was fault,” the ombudsman said in the report.

It added that, while Y had received some education since leaving the special school, the council had failed to provide the child with a suitable alternative.

“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,” it said.

“This left Y with an out-of-date plan which did not meet their needs.”

The report showed the council had agreed to apologise to the family and review its approach on interim EHC plans.

The council also agreed to pay £1,800 compensation for failing to secure the provision in Y’s plan for two terms, and £200 for the uncertainty caused.