Non-verbal autistic boy left without support to communicate for more than a year, Ombudsman finds

The case concerned a non-verbal boy with autism, who uses a sign, symbol and speech system called Makaton to communicate with the world around him, along with other methods such as pointing to objects and gestures.

Following a complaint from the boy's family, the Ombudsman found the council failed in its legal duty to make sure the boy's teaching staff were properly trained in Makaton.

His Education, Health and Care (EHC) Plan stated that it was necessary for every member of staff in his classroom to be trained to levels three and four.

For more than a year, the Ombudsman found either no staff member, or at most one, held the level of qualification required.

The Ombudsman observed: “Training was patchy and slow, with staff still learning Makaton while they were teaching the boy.”

City of York Council argued the impact was reduced because staff were using other approaches, including gestalt language processing, as part of a broader "total communication" method. However, the Ombudsman did not agree.

The investigation also found poor complaint handling by the local authority.

“[The council] took too long to issue a formal response, and the mother was repeatedly left chasing for updates, at one point even being asked by the council to confirm herself whether the problems had been fixed,” the report noted.

When the mother complained, the council arranged and paid for Makaton training and offered the family a substantial financial remedy.

The Ombudsman welcomed this but said it still “did not reflect the significance of what the family had been through” and recommended a further payment of £1,575, to which the council agreed.

The council also agreed to:

• Apologise to the mother;
• Review its procedures for checking that provision specified in an EHC Plan is in place from the start of a new or amended Plan;
• Create an action plan to reduce delays in Makaton training;
• Increase its commissioning of trainers.

Julie Odams, Chief Executive at the Local Government and Social Care Ombudsman, said: “A legal duty to a disabled child is not something a council can work around. If an EHC Plan says a child needs Makaton to communicate, finding other ways to navigate the school day is not good enough. That duty was non-delegable and absolute.

“I recognise City of York Council had taken steps to put things right before the family approached us. Unfortunately that doesn't change the fact that for more than a year, a little boy who relies on Makaton to be understood was left without it.

“Every council holding an EHC Plan should check provision is in place when the plan starts, check it every year, and act quickly when someone raises a concern. That is how councils can be sure a child is getting the support their EHC Plan expects."

Martin Kelly, Corporate Director of Children’s Services at City of York Council, said: “We work with thousands of families across the city each year to support children and young people of all ages, together with our partners. Our absolute priority is always to provide the best possible start for each individual child in York and we constantly review our work, and that of our partners, to ensure the support we provide is of the highest standard and is right for each child.

“Where families feel that their child is not receiving the right support at the right time, we aim to work with them and our partners, to evaluate and address any concerns.

“We acknowledge the Ombudsman’s Report, which was based on a unique set of circumstances almost three years ago. Despite the challenges - in part due to insufficient funding - we have made considerable efforts since this time, including making further investment in the local workforce. We will continue to further improve support for young people with Special Educational Needs and /or Disabilities (SEND) and their families in York as part of our plans to implement the Government’s SEND Reforms.”

Lottie Winson