Norfolk council rebuked over special needs provision

The local government ombudsman has reprimanded a local authority over its provision for children with special educational needs after upholding 11 complaints against the council over the last two years.

The ombudsman’s office said the number of complaints upheld against Norfolk county council was one of the highest in England, particularly given the relatively small population.

The picture is replicated in many areas of the country, however, with many parents saying they have to fight to secure the SEN provision to which their children are entitled as cash-strapped local authorities struggle to meet growing demand for support.

In the two most recent cases, which were the subject of separate investigations, the ombudsman, Michael King, censured Norfolk for leaving two boys “without the vital support and provision they needed at crucial times of their education”.

In the first case, a mother complained that the council failed to provide her son with suitable education provision for nearly two academic years. It also took 46 weeks – twice the statutory timescale - to complete his education, health and care (EHC) plan, which sets out a child’s legal requirements to additional support.

In the second case, the ombudsman said the council had failed to provide a primary school-aged boy with suitable education provision after he was excluded, causing him to miss out on full-time education for eight months.

Announcing his judgments in favour of both parents, the ombudsman pointed out that he had upheld nine similar complaints in Norfolk.

“In both [of the latest] cases these children were without the vital support and provision they needed at crucial times of their education,” the ombudsman said. “We welcome the proactive steps the council is now taking to improve its provision and oversight of services for children with SEN, and hope this will ensure children will get the support they need in future.”

The local government and social care ombudsman’s role is to investigate complaints about local public services. Across 200 investigations into parents’ complaints, the ombudsman has found in favour of parents in 80% of cases.

King said recently: “While our investigations can only provide part of the picture of how the SEN system is functioning – that picture is causing concern. The reality is that some families are suffering a disproportionate burden in having to battle for the support their children are entitled to.”

Following the two most recent cases affecting Norfolk, the council agreed to a number of service reviews and improvements, including examining other ways of providing alternative education for children out of school and completing an audit of children missing from education for whom it has a duty to provide education.

It has also agreed to review its working processes to ensure EHC plans are produced within statutory timescales and to improve the way it monitors missing professional advice it requires in order to complete the plans.