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Council launches AP review after girl left without education for months

Ombudsman found Essex Council 'disregarded' its responsibilities for girl waiting for support
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A local authority is reviewing how it monitors children not in mainstream schools after an investigation found it 鈥渄isregarded鈥 oversight responsibilities for a pupil left without education for months.

Essex County Council failed to 鈥済et involved with鈥 the 12-year-old鈥檚 schooling because she attended a secondary in a separate area 鈥 and even told her parents to seek support elsewhere.

The girl had been on a part-time timetable but stop attending school amid a delay in issuing an education, health and care聽plan (EHCP).

A found the council鈥檚 鈥渞efusal to recognise its responsibility鈥 to oversee the youngster鈥檚 education 鈥渃aused injustice鈥.

Review set following probe

The child, who has special educational needs, was not given alternative provision for months when she was unable to attend school for medical reasons.

A Schools Week investigation in September revealed children in a third of areas are stuck on 20-strong waiting lists for specialist provision. But some are receiving no education at all as they wait, while others are tutored online.

Council chiefs have vowed to identify a senior officer from the authority to review its service improvements around alternative provision.

It will also produce an action plan to improve decision making on education for children who are out of school and improve monitoring of part-time timetables, the ombudsman said.

Local Government and Social Care Ombudsman the council鈥檚 鈥渓ack of action鈥 probably 鈥渉ad a significant effect on this young girl鈥檚 academic and personal development鈥.

鈥淗er mother tells us this has impacted on her anxiety and mental health and has led to her not even wanting to leave the house.鈥

Delays caused by psychologist shortage

The ombudsman found Essex Council was 鈥渁t fault鈥 for three-month delays issuing the girl with an EHCP. It should have been issued in the third week of November 2022, but was not completed until the end of February 2023.

This was 鈥減rimarily caused鈥 by national shortages of educational psychologists.

鈥淎s it is to some extent outside the council鈥檚 control a big part of the delay was service failure rather than maladministration,鈥 the report said.

National figures show almost half of children waited beyond the legal deadline of 20 weeks for an EHCP to be issued last year.

The authority has devised a 鈥減lan of action鈥 to address the issue and 鈥渁greed an approach to accept independent [educational psychologist] reports provided by parents鈥 when they fulfil quality requirements.

The report also detailed how during the EHCP needs assessment, the child 鈥渉ad limited school attendance and from October 2022 stopped attending鈥.

Experts from the Children and Adolescent Mental Health Service sent a letter to her secondary giving reasons for her absence.

Council 鈥榬efused to get involved鈥

But until a meeting in November, Essex Council 鈥渞efused to get involved鈥 because the school was in a different authority area. The report said the authority 鈥渄isregarded its responsibility鈥.

Essex even advised the child鈥檚 mother 鈥渢o contact the council in the area鈥 the school was located.

It was also accused of failing 鈥渢o consider whether it should arrange alternative provision鈥 for her 鈥渨hen she was out of school from mid-December 2022 until the end of April 2023鈥.

The ombudsman noted the girl鈥檚 鈥渁nxiety and mental health worsened leading to her not wanting to leave the house鈥 during the ordeal.

It also caused her mother 鈥渄istress and uncertainty鈥 as she 鈥渟truggled to find and put in place provision鈥 to ensure her child 鈥渞eceived some education and support鈥.

鈥楶ast lessons not learned鈥

A previous ombudsman investigation issued 鈥渟everal decisions recommending service improvements in the council鈥檚 approach to its duties鈥 to arrange suitable education at school or elsewhere for pupils who are out of class.

Somal said she was 鈥渄isappointed鈥 to report that if the previous recommendations 鈥渉ad been implemented successfully, [they] should have gone a long way to ensuring this did not happen.

鈥淲hat has happened here, is simply not good enough and the young girl has been failed by the council that was responsible for her.鈥

An Essex County Council spokesperson said 鈥渦rgent efforts to improve the timeframes for assessments are ongoing鈥. The council is also bolstering 鈥渢he support available while families are waiting鈥.

They pointed to 鈥渟everal overlapping factors affecting performance鈥, including the recruitment and retention of educational psychologists and a 鈥渟ignificant rise鈥 in EHCP requests since Covid.

鈥淓very child deserves the chance to thrive and improving the current situation as quickly as possible is our priority. We will leave no stone unturned as this work continues.鈥

The council will apologise to the family and pay them 拢3,120 for the failure.

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