Ombudsman raises concerns about support provided by council to children with SEN who are schooled out of borough

In one case, a primary school girl with autism and complex special educational needs, whose Education, Health and Care (EHC) Plan said she needed speech and language and occupational therapies, received neither for two full school terms.

The Ombudsman said: “Throughout the family’s complaint, the council never made it clear that it had a legal duty to ensure the girl gets the therapy she needed in her current school. The family thought she could only get therapy provision if she moved to a school within the council’s area.”

The investigation found that the lack of information and advice from the council led the family to decide that moving their daughter was the only way she could receive the therapy she needed.

Having realised that moving their daughter to a different school was a mistake, the family appealed. By that point, her original, out-of-borough school place had been given to another child.

In light of its failings, the council was recommended to apologise to the family and pay them £1,700.

This week (14 May), the Ombudsman said it also found the same gap in provision in another recent complaint about Hounslow Council.

It noted: “The law is clear: if a child's support plan says they need therapy, the council must make sure they get it, no matter which school they attend. Hounslow Council has not been meeting this basic legal responsibility.”

Amerdeep Clarke, Local Government and Social Care Ombudsman, said: “This case is a stark reminder of what can go wrong when a council loses sight of its responsibilities to children educated outside its boundaries. A child with complex special educational needs missed vital therapy provision for two whole terms, not because it could not be arranged, but because the council did not have the right systems in place to make it happen.

"I want every council in the country to look at this case and ask whether they are confident they have proper oversight of the children in their area who are educated in out-of-area placements. Are the right arrangements in place? Do staff understand the council's legal duties? Are there systems to check that provision is actually being delivered?”

A council spokesperson said: “Hounslow Council accepts the technicalities of the original Local Government Ombudsman findings and remains fully aware of our responsibilities to children with Special Educational Needs who are schooled outside the borough.”

Lottie Winson