Pupil let down by plan delays
Borough: Mum criticises ‘one size fits all’ SEND approach
A Shurlock Row parent has criticised the council’s ‘one size fits all’ approach to providing for its SEND students after the local authority failed to amend her child’s EHC plan, causing them to miss out on a suitable school placement.
Clare McIntosh filed a complaint with the Local Government and Social Care Ombudsman (LGO) after the council delayed reviewing her son, Joshua’s Education, Health and Care (EHC) Plan which sets out his needs as a child with Down syndrome.
Following his annual EHC plan review at his mainstream school in Waltham St Lawrence in June 2023, Clare decided he would benefit from moving to a special school.
She told the Advertiser: “We think his current school are fantastic and they’ve bent over backwards but we knew during the school year that the gap was getting too big.”
Joshua is in Year 5 but his level of learning is approximately four years behind the children in his class and his speech is ‘still limited’.
Clare said: “There is no school in the borough for moderate learning disabilities. The nearest school is in Camberley.”
She said the only school in the borough Joshua could attend is Manor Green, which is oversubscribed and many special schools require an autism diagnosis which he doesn’t have.
Clare said: “The council is aware of how many children have Down syndrome in the borough and should be planning to meet their needs throughout their lives.”
She described the borough’s approach to disability as ‘one size fits all’ and added: “Josh doesn’t have a physical disability and he is not ill, so he hasn’t necessarily got that much in common with the peers he’ll be put with.”
Clare requested a change of school in June 2023 and said the council ‘knew of the backlog but wasn't doing anything to address it’.
She contacted the council in September 2023 and was told the delay was due to a staff shortage. Clare eventually received an amendment notice after a 19-week delay but the final amended EHC plan had ‘no significant additions’ and no new school placement mentioned.
She welcomed the LGO upholding her complaint and hopes it ‘draws attention to the failure to meet these children’s needs’ and creates change.
“Joshua has got increasingly distressed by going to school and seems tired but has limited language and ability to tell us what’s going on. As parents, it’s very frustrating that we can see our son is very upset and we can’t do anything to help.
“It’s particularly frustrating because the council always knew about him. It shouldn’t be a surprise to them that he now needs a special school. Most children with Down syndrome do need to move to a special school at this age.”
An investigation by the Ombudsman ruled that the council had caused ‘distress and uncertainty’ to Clare and had delayed her appeal rights, adding: “The council should issue decisions based on the evidence available, not based on a delay.”
The council must now provide evidence of the following actions: a written apology to Clare, £500 compensation for the loss of opportunity and to remind staff that parents must be told of their right to request a specific placement when issuing the notice to amend.
A council spokesperson said: “We fully accept the Ombudsman’s decision in this case and we’re in the process of completing all the actions required, including sending a written apology to the family.
“We work with families, carers and schools to update Education Health and Care Plans to help us best meet a child’s individual needs as they progress through their school education. We’re also working to expand local special needs provision within our borough. We acknowledge the unfortunate delays in this case and are liaising with the family to address their specific concerns.”