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A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Ombudsman demands council make improvements to provision of alternative education

The Local Government and Social Care Ombudsman has warned that Suffolk County Council needs to make improvements “as a priority” to the way it provides alternative education to children who can’t go to school.

This comes after an investigation by the Ombudsman found that the council failed to provide a young girl with a suitable alternative education for six months after she became too anxious to attend her primary school.

The council was ordered to apologise to the girl’s mother and pay a combined £1,500 for her time and trouble and her daughter’s missed education.

The report noted that the law requires councils to put in place alternative education once it becomes clear a child will be away from a school for 15 days or more, and it is “the council’s responsibility to oversee attendance, not the school”.

However, in this case because the council did not have a way to check attendance, it relied on the school making a referral. It therefore missed “numerous opportunities to intervene, assess the girl’s needs and provide her with a suitable education”, said the Ombudsman.

Michael King, Local Government and Social Care Ombudsman, said: “We have issued numerous decisions about the council’s poor performance providing alternative education for children out of school for whatever reason.

“Over that time the council has agreed to make a wide range of improvements to its services. We are disappointed to have to again highlight our concerns about the council's Special Educational Needs and Disabilities service, having made many previous recommendations for improvement in the past 18 months.

“While I acknowledge the council is making wide-scale changes to its service, I have issued this report to highlight that alternative provision needs to be improved as a priority, and those changes should have a long-term impact.”

The Ombudsman revealed that in this case, the council has agreed to review its policies and procedures around alternative education and issue guidance and reminders to appropriate staff members to ensure services are co-ordinated.

It will also carry out mandatory in-person training for all managers and staff responsible for arranging alternative provision.

Allan Cadzow, Corporate Director for Children and Young People at Suffolk County Council said: “We regret that failings in the system led to this child missing out on education. We apologise for the distress this has caused to the child and the family.

“In addition to the recommendations made by the Ombudsman, which have been implemented, we have also introduced our own reforms in this area to strengthen the way we do things.  

“This situation is far from acceptable, but we continue to work with urgency and commitment to reform the way we deliver SEND education.”

Lottie Winson