Nadine Arthur’s son was not provided with age-appropriate educational support after the council agreed mainstream schooling could not meet his needs, reports Grace Howarth, Local Democracy Reporter

Barnet Council's Colindale head office — Barnet Council’s Colindale head office

A mum has been paid £4,000 in compensation by Barnet Council after a watchdog found it failed to adhere to her son’s education, health and care plan (EHCP).

Nadine Arthur said her son was not provided with age-appropriate educational support after the council agreed mainstream schooling could not meet his needs.

Her son also did not receive physiotherapy, a requirement of his EHCP.

Nadine said her case was not unique and many families “never reach the Local Government and Social Care Ombudsman because councils delay, deflect and discourage complaints”.

Nadine’s son, who has autism, was given autism resourced provision (ARP) for approximately three years from 2020 until May 2023. However, the ombudsman only investigated the complaint starting from August 2022.

Despite finding her concerns “valid” prior to this date, the watchdog said: “Given the passage of time, the availability and reliability of evidence may be limited, making it difficult to determine with certainty what support was in place and where it met her son’s needs.”

Nadine said the council’s education arm, Barnet Education and Learning Service (BELS), told her to complain to the school providing the ARP, which she did. However, she found out later it was the council’s responsibility to ensure the EHCP was enforced.

Nadine said the council had “caused a delay” and “denied responsibility for years”.

The ombudsman found the council had twice delayed reviewing Nadine’s son’s EHCP, a statutory process that ensures the plans remain relevant and up-to-date.

The first review, which was held in December 2021, was not finalised until September 2022, which represented a “significant delay”.

The second review, which should have taken place within 12 months of the review held in December 2021, was instead held in March 2023 which was another “significant delay”.

The ombudsman found “a full curriculum was not delivered” and targets were not set for Nadine’s son either.

Therapy services were also not provided, although the council stated it was not told this and it did not have the capacity to “follow up each child’s delivery”.

The ombudsman acknowledged this but maintained that, ultimately, the council was responsible “regardless of whether it was informed of any issues”.

Nadine said her son was forced to take part in activities and learning aimed at children with higher needs than his and that they were “not developmentally appropriate”.

She said her son’s mental health declined, he became angry, and she felt it was “not safe for him to stay at the school”.

In May 2023, by which point her son was ten years old, she removed him and said the council “failed again” by offering “another unsuitable placement”. Nadine then took the case to a special educational needs tribunal, which she won, and her son is now in a school that follows his EHCP and meets his needs.

The Local Government and Social Care Ombudsman ordered the council to pay £3,712.50 for the missed provision between September 2022 and May 2023 as well as £300 for the stress imposed by the delays experienced.

Update (14th April):

A council spokesperson said: “Barnet Council accepts the findings of the ombudsman’s ruling and have apologised to the family.

“We are committed to supporting children and young people with special educational needs and disabilities to ensure they receive the support outlined in their EHCPs.

“We work closely with families, schools, health partners, and other agencies to deliver the best outcomes for children and young people in Barnet. Each child’s needs are unique, and we remain focused on ensuring that provision is appropriately tailored and delivered in line with statutory requirements.

“We take learning from complaints, be they directly received or via the ombudsman very seriously and are always seeking to use that learning to continually improve how we deliver our services.”

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