A Southwark mum has been awarded thousands of pounds from the council after her son missed out on education for a year when he was excluded from college.
Southwark Council has been ordered to apologise to the family and remind its officers about standard procedures when reviewing Education, Health and Care (EHC) Plans, following an investigation by the Local Government and Social Care Ombudsman.
The mum, known only as Ms X in an Ombudsman report, has received £4,000 in compensation, which recognises the loss of her son’s special educational provision including therapy, and the “avoidable” distress and inconvenience which had been caused by poor communication and a delay in appeal rights.
Ms X’s son, known as Mr Y in the same report, is an adult with special educational needs. He had been attending a college for learners with moderate to profound learning and physical disabilities when he was permanently excluded in January 2024.
The council issued a draft EHC Plan in July 2024 and consulted with an educational placement which said it could meet Mr Y’s needs however, Ms X said it was unsuitable.
Ms X suggested another organisation known as Centre B but council officers did not send out a consultation because it was not a registered education provider but a social care day centre.
Another draft EHC Plan was issued by the council in October 2024. Ms X asked the council to consult with another organisation, but this was also not a registered educational provider. Ms X suggested a college as a possible placement.
In December 2024, Ms X and council officers from the EHC team met and agreed to consult with the college she had suggested. A consultation letter was sent in the last week of January 2025.
Mr Y was given one-to-one tuition for ten hours week which started at the beginning of February 2025.
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The council contacted the college in the middle of February to chase up the consultation, but it said it had no places until September 2025.
Mr Y was offered a place for September, subject to the council agreeing funding. It also said the council needed to amend his EHC plan and suggested amendments to his provision.
In January 2025, Ms X complained to the council. The council upheld Ms X’s complaints, apologised for delays and offered her £1,800 for missed educational provision between January 2024 and January 2025.
The council also offered her £200 for missed therapies, £100 to reflect the inconvenience caused by delayed appeal rights, and £100 for distress and frustration caused by poor communication.
The council said it could not assign a new case co-ordinator to Mr Y because of staff shortages.
Ms X was unhappy with the council’s response to her complaint and complained to the Ombudsman in June 2025. Mr Y started a course at the new college in September 2025.
The council told the Ombudsman it had not issued Mr Y’s amended final EHC Plan and so it has remained the same one since June 2022.
In its findings, the Ombudsman said the council’s inaction over the special educational provision was in breach of the duty in Section 42 of the Children and Families Act.
The council was also criticised for failing to keep a written record of Mr Y’s annual review meeting in March 2024, and for not issuing a final amended EHC Plan within 12 weeks of the meeting taking place.
The Ombudsman said: “The council had the opportunity to issue a final amended plan in September 2024 as one placement had said it could meet Mr Y’s needs.
“Although this was not Ms X’s preferred option, it would have allowed Mr Y to receive educational provision while giving Ms X appeal rights.”
It added: “The council is yet to issue a final amended plan. This continuing fault has caused an ongoing injustice of avoidable frustration and a delay in appeal rights.”
The council will carry out the agreed actions set out by the Ombudsman.
