Ombudsman Rules Southampton City Council Failed SEND Pupil
15/09/22, 21:00
An investigation by the Local Government and Social Care Ombudsman found that Southampton City Council delayed naming a specialist school for a child with SEND despite a tribunal ruling, causing significant harm. The Council must apologise and pay compensation.
In a decision published on 15 September 2022, the Local Government and Social Care Ombudsman upheld a complaint against Southampton City Council for failing to adhere to a SEND (special educational needs and disabilities) Tribunal’s recommendation to name a specialist school in a child’s Education, Health and Care (EHC) plan within required deadlines. The delay meant that Y, a primary-school-aged child diagnosed with autism, spent an entire school year in a mainstream setting that could not meet her needs.
The case began when Y’s EHC plan, produced in spring 2020, initially named a mainstream school. Her father, Mr X, appealed this via the SEND Tribunal. The Tribunal later determined that a specialist placement was required and ordered Southampton City Council to consult specialist schools and name a suitable one within two weeks of the hearing, and issue an amended plan within five weeks.
Despite this, the Council missed these deadlines. Although it approached several specialist schools, including Mr X’s preferred school (referred to as “School A”), the process dragged on. Mr X repeatedly chased for updates, but meaningful responses weren’t forthcoming. Eventually, in July 2021, more than the prescribed period after the Tribunal order, the final EHC plan was issued, naming School
The Ombudsman found that Southampton City Council was at fault for this delay. The evidence suggested that Y’s educational development and wellbeing had suffered due to being in a mainstream school that lacked proper provision for her needs, and that Mr X suffered stress and inconvenience chasing the council. These failings constituted an injustice.
To remedy this, the Council has been ordered to issue a formal apology to Mr X, and to pay £800 in compensation for Y’s educational benefit.
This decision underscores the importance of councils following Tribunal rulings promptly, especially when specialist provision is required by law. For children with SEND, delays are not neutral: they can impede access to suitable support, disrupt learning, and damage confidence and welfare.
Link to full decision:
https://www.lgo.org.uk/decisions/education/special-educational-needs/21-008-066