Hertfordshire County Council’s ‘failings’ led to the discrimination of a young boy with disabilities when it came to the provision of educational support, an investigation has revealed.
The boy was entitled to one-on-one support from his school, including specialist speech and language therapy which required attending Reception full time.
However, according to his Education, Health and Care (EHC) Plan, he could only go to school on a part-time basis.
The school subsequently expelled the boy because of his behaviour, which was linked to his unsupported needs, so his parents asked the council to provide tutoring at home.
An investigation by the Local Government and Social Care Ombudsman found the council took too long to put this in place and did not provide enough hours for a full-time education.
The Ombudsman also found there was no evidence the boy needed a reduced timetable, and the decision was made by the school simply because it did not employ enough staff.
The council should have investigated why the school could not make all the provision in his EHC plan and found a way to secure this, according to the Ombudsman.
Instead, it told the parents their son was only entitled to 15 hours of education, without any reason why this should be the case, and failed to ensure the boy’s Speech and Language Therapy and Occupational Therapy was provided.
Michael King, Local Government and Social Care Ombudsman, said: ‘The school has already admitted that this little boy was treated differently to his classmates purely because of his disability.
‘The parents have told me that because of the council’s failings they have had to take time away from work when their son should have been in school. This has had a significant impact on their daily lives and placed their employment at risk. They have had to pay for support which should have been provided by the council.'
A spokesperson for Hertfordshire County Council said: 'We take the Local Government and Social Care Ombudsman’s findings very seriously and fully accept and will be acting upon all of its recommendations.
'Hertfordshire County Council apologises to this family for the frustration, distress and educational disruption caused by our failure to secure the provision outlined in this young person’s Education, Health and Care Plan (EHCP) and will be fully compensating the family according to the Ombudsman’s recommendations. The departments involved will also be embedding these recommendations within our working practices to ensure that all children with SEND and EHCPs in Hertfordshire receive the support they need and deserve.
'We know how important this is to our families - we share their vision and are working hard to ensure that every child can achieve their potential in all areas of life.'
