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Medway Council ordered to pay £5,500 to mother whose autistic son missed out on 10 months of formal education

A council has been ordered to pay £5,500 to a mother after her autistic son went 10 months without formal education.

The Local Government and Social Care Ombudsman asked Medway Council to apologise to the mother, who had to give up her job to care for her son after he left school.

Medway Council headquarters, Gun Wharf
Medway Council headquarters, Gun Wharf

A report presented by the body concerns an unnamed boy who has autism, ADHD, speech and learning difficulties, and anxiety.

It details how the child was the subject of an emergency review after he left school in May 2021 following an incident.

In the months that followed, his parents kept him at home due to concerns for his safety and asked the council if he could be moved to another school. In the meantime, work was sent home for him to complete.

Following an unsuccessful trial return to the school, the authority said it was looking for an alternative placement, but it also proposed a tutor could be used instead.

The school concluded that because of the child's behaviour, high level of anxiety, and mental health needs, it couldn't ensure his, other students, or staffs' safety and therefore supported the parent's request to change schools.

The child - referred to as C - missed out on 10 months of formal schooling. Education stock
The child - referred to as C - missed out on 10 months of formal schooling. Education stock

In August, the school the parents had chosen said it also couldn't meet the boy's needs and therefore the council said he was expected to return to his original school the following month.

The council started looking for another placement, but by February, no place had been found and the pupil's mother made a complaint to the council.

The authority apologised and said 27 special schools in the area and in neighbouring authorities had been contacted but they had all either not been able to meet the boy's needs or had no places.

He was then removed from the school's roll and the council arranged home tuition, which began in March.

Two months later, his tutor left the tuition company and the council was unable to find a new one. An independent school offered the boy a place and he started there in October.

The Ombudsman investigating the complaint said it thought there had been delays in making sure the boy – who was referred to as "C" – received alternative arrangements when it was clear he was unable to return to school.

Medway Council has apologised to the family and paid them £5,500. Picture: Andy Payton.
Medway Council has apologised to the family and paid them £5,500. Picture: Andy Payton.

The report said: "The council focused on trying to arrange a suitable new placement for C and relied on the school providing work, rather than assessing what alternative education he could cope with.

"We do not consider school work being sent home to be a suitable education."

They also said the council was further at fault because there had been no other arrangements made after the boy's tutor left their job.

The boy also missed out on speech and language therapy and occupational therapy which he was entitled to.

The authority agreed to pay the boy's mother £5,000 to account for the missed education, and £500 to recognise the "distress, frustration, and uncertainty caused".

A spokesperson for the council said: “We have apologised to the complainant and her son and have carried out all of the Ombudsman’s recommendations.

"We are committed to ensuring every child in Medway receives the best start in life.

"Some children with complex needs or special educational needs or disabilities may need to access specialist care or services.

"We always aim to ensure that children receive support services, including school placements, which best meet their individual needs.

"If there are no suitable services locally, children may receive extra support at home.”

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