Council agrees to pay out to Calderdale mum after girl stopped going to school

The move comes after the Local Government and Social Care Ombudsman found the council did not properly consider its duty to provide alternative provision for the child when she stopped attending.

The mum had complained to the ombudsman that the council failed in its duty, causing frustration and distress, with her child missing out on education for five months.

She claimed the council had denied her request for Education Otherwise Than At School despite the fact that she had an Education, Health and Care Plan.

Councils have a duty to make suitable education arrangements, at school or otherwise, when a child because of exclusion, illness, or otherwise may not receive a suitable education unless the council arranges it for them, said the ombudsman.

A school had said it could meet the child’s needs but the council placed too much reliance on this, said the ombudsman.

They would expect the council to show how it satisfied itself the school was reasonably practicable and accessible for the girl given her issues attending, or how it reviewed any evidence to come to its view, and would expect the council to promptly explore reasons for non-attendance and make an informed decision itself on whether she was medically unfit, or otherwise unable to attend school.

“I have not seen records showing the council doing these at the time of events,” said the ombudsman.

They also found the council had not assessed suitability of a creative therapy placing the child had or considered if it could offer any additional arrangements.