Council told to pay £8k after failing to provide boy with education and SEN provision during 18-month period

An investigation by the Local Government and Social Care Ombudsman has found West Sussex County Council at fault for failing to provide a boy with complex needs with an education in school or through an alternative provision placement over an 18-month period.

Following the report’s findings, the council was recommended to pay a total of £8,400. The local authority had originally offered £100.

The woman behind the complaint, Ms F, complained to the Ombudsman about how the council handled her son’s education since September 2023. She said it failed to:

• find a suitable school placement without delay when it became aware his school was closing down in Summer 2023;
• provide any alternative provision and the special educational needs provision set out in his Education, Health and Care (EHC) plan since September 2023;
• ensure a caseworker and management oversight was allocated to X’s case and to communicate appropriately with her; and
• respond to her complaint in line with its policy and within timescales it promised her.

Ms F’s son, X, has been diagnosed with several health conditions which impacts his ability to receive an education.

Outlining the case background, the Ombudsman said that in 2023, X was attending a special school which was listed in his EHC plan. In summer 2023, Ms F told the council X’s special school was closing down and he therefore had no school placement from September 2023.

From September 2023, Ms F continued to inform the council that her son did not have a school placement. He also received no alternative provision and special educational needs provision as set out in his EHC plan.

In December 2023, Ms F complained to the council. The council apologised for the length of time it had taken to find X a new school placement, but Ms F was not satisfied with the council’s response as X was still without any education.

Ms F chased the council for a response to her complaint in February 2024.

In April 2024, she asked the Ombudsman to consider her complaint as she still had not received a response from the council.

West Sussex provided its final complaint response to Ms F in November 2024. It upheld her complaint and agreed:

• it had failed to provide X with a school placement, alternative provision or any EHC plan provision since Summer 2023. However, it said it had been “proactive” in trying to arrange this from 2024 and had arranged for X to be reassessed by professionals;
• no caseworker had been allocated to X’s case for a period in late 2023 and [the council] had misinterpreted what she meant in her complaint. She therefore had no contact with the council which caused her uncertainty; and
• it had failed to respond to her complaint in line with its complaints policy.

The council apologised to Ms F and suggested a remedy of £100 for the “distress and uncertainty” it had caused her. It said it would continue to look for a school placement for X and alternative provision.

The Ombudsman investigated and found fault with the council’s actions, noting: “I acknowledge X’s complex needs made it challenging for the council to find a school or alternative provision placement he could access, and it took steps to source placements or providers. However, it is the council’s duty to ensure it has placements and provision available to all children in its area regardless of their needs.”

The report criticised the council for its “delay and inability” to find X suitable alternative provision that he could access, including the special educational needs support and therapies listed in his EHC plan.

The Ombudsman found that X had therefore received no education or other provision he was entitled to for almost 18 months.

The report also criticised council’s communication and complaint handling, and found that its proposed remedy of £100 was “not enough”.

The Ombudsman recommended the council, within one month of the final decision:

• apologise in writing to Ms F;
• pay Ms F a symbolic payment of £300 to acknowledge the distress and uncertainty she experienced;
• pay Ms F £300 to acknowledge the time and trouble she had to pursue her complaint as a result of the council’s “significantly delayed” complaints handling;
• pay Ms F a further £7,800, to use as she sees fit for the benefit of X, to acknowledge the significant loss of education and special educational needs provision he experienced between September 2023 to the end of January 2025.

A West Sussex County Council spokesperson said: "We accept the Ombudsman’s findings and have apologised to the family involved. We have made the recommended payment as well as taking action to improve the service based on these recommendations.”

Lottie Winson