‘STRESS’ caused to a mother and her son who requires more specialist support in his education due to his needs will result in a tribunal taking place before the end of the year - after a perceived promise of a place in a mainstream school was not met.
A probe carried out by the Local Government and Social Care Ombudsman relates to the mother - referred to a Mrs M - as well as her pre-teen son.
The mother complained that a key part of her son’s education, health and care plan (EHCP) - which is funding that can be used which is normally paid to settings to provide support for a specific child or young person - failed.
Mrs M wanted him to attend an ‘integrated resource’ at a nearby school in Barnsley so Sheffield City Council - who were previously responsible for the boy’s EHCP - completed a ‘transition review’ and issued an amended plan on last February.
However, shortly after the EHCP was issued, it became apparent something had gone wrong and there was no place for him at the school due to there being ‘more applications than places available’.
It is this aspect that the mother claimed caused ‘uncertainly, stress and inconvenience’ and she pursued the complaint to cast light on the plight of parents and carers in her situation.
The LGSCO report said: “We have published guidance to explain how we recommend remedies for people who have suffered injustice as a result of fault by a council.
“Fault by Barnsley Council meant they failed to properly consider Mrs M’s request for a place in the integrated resource (school).
“The council’s actions created reasonable expectations for both Sheffield City Council and Mrs M that her son would have a place in the integrated resource.
“The council offered Mrs M a payment of £300 for her time and trouble pursuing her complaint and assured her that processes had been refreshed and staff were aware of the protocol to ensure there was not a repeat of the problem.
“I do not agree this is a case where a lack of clarity caused only confusion.
“Barnsley’s failure to follow its procedures created a situation where Mrs M reasonably expected a place for her son at the integrated resource which Barnsley has been unable to fulfil.
“That is a significant injustice and even though I cannot consider subsequent developments because of Mrs M’s appeal to the SEND-related tribunal, I consider the council should offer a symbolic payment to recognise this original injustice.
“Barnsley did not acknowledge its mistake, and the impact on B, when Mrs M first complained.
“It was not until I made my enquiries that the council acknowledged what had gone wrong and offered its apologies - this delay has created additional frustration for Mrs M.
“Barnsley Council has since written to Mrs M to offer its apologies, saying it was ‘not clear’ in its response to Sheffield City Council and acknowledged this may have ‘caused confusion’.
“I recommended the council makes a further apology which acknowledges the faults I have identified here and the impact on Mrs M and her son, and offers a further symbolic payment of £500 to recognise the impact.”
A council spokesperson told the Chronicle: |While we're unable to comment on the details of individual cases, we take the learning from all local government ombudsman enquiries seriously and the learning from this case has been applied in practice.”
The tribunal is scheduled for December.
