A local council has been forced to pay a £1,150 fine and apologise to a Warwickshire mother after her child was left out of school for a year despite her repeated attempts to find a fix.

The Local Government & Social Care Ombudsman has upheld a complaint from 'Miss X' over the handling of her child 'Y' and their education by Warwickshire County Council (WCC).

The complaint - which was upheld in December - states the local authority caused repeated delays to the child's education, health and care (EHC) plan, reviewing it, delivering it and handling the mother's eventual complaint.

The investigator found WCC had caused Miss X "unnecessary and avoidable distress and frustration, and denied her right to appeal. This is injustice".

The investigation found Y had been allocated to school A in November 2022, and attended the school for the first time the following January before not returning in April 2023 after the school holidays.

Miss X said the school was not suitable for her child and she eventually complained to the council in June 2023 that it was not doing anything to fix the problem.

She did not receive a final response until the following summer.

The school initially maintained that it could meet the demands of Y before eventually admitting it could not at a review.

advertisement

WCC then amended the care plan - but did not find a new school for the child, meaning they remained at home.

Miss X then had to repeatedly contact the council for an update on her child's care plan, which was continually delayed.

"Miss X said it has been stressful and overwhelming," the inspector wrote. 

"She said it caused unnecessary and avoidable distress, frustration, and cost her time and trouble."

They added: "Miss X said it caused Y frustration, missed socialisation with peers, and isolation. 

"She also said Y was impacted by the loss of educational provision and learning."

In March 2024 the council eventually decided a new school was needed and said it would find a tutor in the interim.

WCC apologised for its slow response and offered the mother £200 as compensation, which she turned down.

advertisement

It was not until July 2024 that the local authority actually issued the new care plan which allocated the child to a new school.

"The council should have issued Y's final amended EHC plan within 12 weeks of the review meeting," the inspector wrote. 

"This would have been at the end of September [2023]. 

"The council issued the EHC plan in July 2024, nine months late."

Following the decision, the ombudsman has told the council it must apologise in writing for the "unnecessary and avoidable distress and frustration" at denying Miss X the chance to appeal due to the EHC delays, not providing the child with occupational therapy as promised and for its poor communication.

The fine was then broken down as - £400 for distress and frustration, £450 for Y's lack of provision and £300 for poor communication.