Q:

Tribunal order issued in 2020 to provide monitoring by EP not provided by LA, can I seek compensation via Ombudsman?

The order was issued at tribunal in 2020.

This is the second tribunal, the previous one in 2017 resulted in the LA not providing external OT and SaLT, at that time we issued a pre-action protocol. This time the setting is a specialist school. The tribunal was at considerable cost and the main point was to include SME EP report commissioned findings in the EHCP: This is the wording of the order:

At page 5 to include that Assessment when XXXs was yy years mm months using
the Wechsler Intelligence Scales for Children (WISC-5 UK) produced a general
ability index score within the average range.
At page 18 to include that XXX's cognition and learning needs will require to be
regularly monitored by the school’s Educational Psychologist for a minimum of one
visit per term of one hour to liaise and advise with staff.

Since then LA have not provided the EP per term for one hour. Considering the cost of the tribunal and that this was the second time and second time the LA have not provided provision as defined/ordered in EHCP I want to go directly to the Ombudsman with a view of getting some compensation. Is this a good/bad idea?

RM

ROGER M M
HOME
09 Dec 2024

A: SenseCheck

  • 0 Yes
  • 0 No
  • 1 Other

Sort

  • 10 Dec 2024
  • Other

    Simple

    Can't answer yes or no.:

    Roger MM,

    It seems that some of the special educational provision specified, quantified, and detailed in Section F has not been provided. It is assumed that the LA complied with the Tribunal order and amended section F accordingly.

    As I am sure you are aware, the responsibility for securing (i.e. making it available to the child or young person) special educational provision lies with the Local Authority (LA) that maintains the EHC plan. 

    This is addressed in the Noddy Guide here:

    08.22 Is the duty on the LA to secure the provision in Section F absolute? 

    To address any breach in this regard, the parent or young person essentially has two options:

    1.Immediately complain to the LA using their official complaints procedure, usually requesting that the provision be put in place and any missed provision be provided. If the complaints procedure is exhausted and the matter has not been addressed, assistance from the Local Government and Social Care Ombudsman can be sought. 

    Past decisions of the of the Ombudsman can be found HERE

    2. Alternatively, the parent or young person can seek a judicial review, which involves initially sending a pre-action protocol letter to the LA responsible for the EHC plan. Legal aid may be available for this matter (with the possible exception of the pre-action protocol letter). It is strongly recommended that anyone considering this option to seek the assistance of a firm or charity specialising in public law.

    As for which, if any, of the options you should pursue, this is ultimately a decision for you. That said, given that the special educational provision in Section F is necessary to meet the corresponding special educational needs in Section B, doing nothing would perhaps seem unwise.

    I hope this is of assistance and I look forward to reading any contributions others may make.

    Sean Kennedy.

     

    Sean Kennedy

    Sean Kennedy
    Talem Law