Hertfordshire County Council had to pay more than £5,000 to a mother who “felt lost” as her autistic child struggled to access education.
The Local Government Ombudsman found the authority “effectively tried to transfer its duty” regarding a child (called B in the report), who is autistic and has severe anxiety as well as several other conditions, onto the parents.
The council agreed to apologise in writing and make payments for distress, uncertainty, and costs of education incurred between September 2020 and March 2021.
In October 2019, the year 10 student's school attendance significantly dropped as they were experiencing severe panic attacks and increased anxiety.
Online learning was offered but the mother claimed B was not able to access the proposed provision because of their disabilities.
In the report, the investigator said: “B’s parents said the deterioration of B’s health was extremely challenging and they felt ‘lost and unsure of the best way forward’."
Mrs Y complained the council failed to arrange suitable educational provision for her child.
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According to the report she also claimed the council failed to process an Education Support for Medical Absence (ESMA) re-referral in a timely manner, incorrectly closed B’s case with ESMA, failed to fund alternative provision (which Mrs Y had to arrange for B instead), and failed to have “due regard to its duty to make reasonable adjustments” under the Equality Act 2010.
Mrs Y was found to have gone “to significant time and trouble” to get the council to put provision in place and arranged and paid for an educational consultant herself.
The council will reimburse Mrs Y for sessions with the education consultant, as part of the agreed payments.
A spokesperson for Hertfordshire County Council said it takes the findings very seriously and is “working hard” to prevent it happening again.
“We would like to apologise to the family involved in this case,” they added.
“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 council added that it is making new investments into the SEND system amid an “unprecedented increase in requests for specialist provision”.
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