City of York Council left a non-verbal autistic boy without the specialist support he needed to communicate for more than a year, the Local Government and Social Care Ombudsman has found.
The boy uses Makaton, a system of signs, symbols and speech, and his Education, Health and Care (EHC) Plan required every member of classroom staff to be trained in it to levels three and four.
An investigation by the Ombudsman found that for over a year, no more than one staff member held the required qualification, and training was patchy and slow.
The council argued that other approaches reduced the impact, but the Ombudsman disagreed. It also criticised the handling of the family's complaint, which took too long to answer and left the boy's mother repeatedly chasing updates.
The council had already funded training and offered a financial remedy, but the Ombudsman said this did not reflect the seriousness of the situation and recommended a further payment.
LGSCO Chief Executive Julie Odams said: ‘A legal duty to a disabled child is not something a council can work around. If an EHC Plan says a child needs Makaton to communicate, finding other ways to navigate the school day is not good enough. That duty was non-delegable and absolute.
‘I recognise City of York Council had taken steps to put things right before the family approached us. Unfortunately that doesn't change the fact that for more than a year, a little boy who relies on Makaton to be understood was left without it.’
Responding to the investigation’s findings, Martin Kelly OBE, Corporate Director of Children’s Services, City of York Council, said: ‘We acknowledge the Ombudsman’s Report, which was based on a unique set of circumstances almost three years ago. Despite the challenges – in part due to insufficient funding – we have made considerable efforts since this time, including making further investment in the local workforce.’
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