More on KentOnline
The family of a special needs child who missed out on education for two years has been awarded more than £18,000.
Kent County Council (KCC) has apologised and made a “symbolic payment” of £16,400 and a further £2,000 to the mother of the boy, only named as B in a report, to “acknowledge the impact” on them.
The authority paid out after a critical six-page report from the Local Government and Social Care Ombudsman (LGSCO) which detailed the case of “Ms M” and her son B.
The LGSCO said the boy missed out on his schooling because of delays by KCC to amend his Education, Health and Care Plan (EHCP).
An ECHP is a legal document that outlines a child's needs and the extra support they require.
The report states: “He should have a special school place.
“The impact on Ms M and her family has been very significant. We have recommended a symbolic financial payment and urge the council to secure suitable education for B without further delay.”
The case was revealed in papers for the most recent Children, Young People and Education (CYPE) cabinet committee.
The payments were to recognise the impact on B’s education and also the impact on his mother and sister.
The ombudsman considered a complaint that the child was not in education since July 2022.
The report stated Ms M said B “used to enjoy going to school and being outdoors, but he will no longer leave the house”.
It set out a number of mistakes and delays by KCC that had caused B to be out of education.
The report notes “very significant” injustice to B.
The ombudsman wrote: “He had been out of school for over a year before the council began the search for tutors to provide alternative education. The search was unsuccessful.
“B has been without education for all this time. And in any event, he should have had a place at a special school.
“This has also had a significant impact on Ms M and B’s sibling. Ms M has looked after B at home for almost two years when he should have been at school.
“Ms M tells me that B’s condition has worsened while he has been out of school and he now rarely leaves the house. This has a significant impact on family life.”
KCC accepted a number of recommendations in the ombudsman’s report.
The council must take “whatever action is necessary to ensure B returns to an appropriate school without further delay, and that he receives suitable alternative education in the meantime”.
Ms M and her family have since moved away from Kent.
Conservative KCC cabinet member for education Rory Love, who was not in post when the B’s case was in process, pointed to a shift in culture since. The government intervened with an improvement notice in March 2023 and KCC has made significant progress.
Cllr Love said: “Are there lessons learned from this? Yes, absolutely. I think there has been an absolute turnaround in the culture within the service since this time.
“I am not going to be so bold as to say that mistakes are never going to be made. There’s never been a reluctance to put our hands up and say we’ve got it wrong.”
Liberal Democrat Cllr Trudy Dean, wondered if the council is “vulnerable” to similar claims.
A KCC spokesperson said: “The decision to award payments in respect of services failures is based on recommendations by the Local Government and Social Care Ombudsman (LGSCO).
“The case in question relates to a period of time before Kent embarked on its transformation of SEND services and support. The number of cases leading to this type of poor judgement from the LGSCO is very low, and has been so even during the time when we acknowledged that we faced challenges in our SEND services.”