Council pays out after child misses year of school

Walsall Council has paid £6,000 to the family of a child who missed a full year of secondary school after his mother removed him from the classroom, citing an incident that affected his mental health.

The child's mother took him out of mainstream education in February 2023 and then applied for a special needs plan for his educational future, which should have been provided within 20 weeks but took 39.

The social care ombudsman said if Walsall Council had completed the process on time, the child could have started special school in September 2023, rather than February 2024.

The ombudsman said the payout reflected "significant injustice" endured by the family. The local authority has apologised.

The ombudsman said the mother, referred to in the case as Mrs M, took her child, referred to as B, out of school after deciding it could no longer meet his educational needs.

In April that year, she applied for an Education Health and Care Plan (EHCP), a document which outlines extra resources required for a student with special needs.

But the 20-week window set by legislation and government guidance to provide the plan was missed, with the amount of time taken by the council nearly doubling that limit.

A spokesperson for the authority said: "The council is committed to providing our children and young people with the best possible education that meets their needs.

"The council will always try [to] resolve complaints prior to a customer contacting the ombudsman.

"The council has accepted fault and has agreed to the recommended actions set out in the final decision."

This news was gathered by the Local Democracy Reporting Service, which covers councils and other public service organisations.

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