Walsall Council pays out £6k to family after child misses year of school

The Social Care Ombudsman recommended the pay out in response to the ‘significant injustice’ the family had endured.

The child, named by the Ombudsman as B, attended a mainstream secondary school up until an incident in February 2023.

The matter led to a decline in the boy’s mental health and his mother, named Ms M, took him out of school having decided it could no longer meet his educational needs.

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

Legislation and Government guidance says councils must provide an EHCP within 20 weeks, but on this occasion it took 39 weeks.

The Ombudsman said if the council had completed the process on time, B could have started special school in September 2023, rather than February 2024.

Following the case Walsall Council has issued an apology, paid £6,000 to the family in recognition of the injustice, and has re-written its alternative education policy.

A spokesperson for the council 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 and 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.”