Ombudsman criticises council over SEN support

The Local Government Ombudsman (LGO) said Milton Keynes Council failed to plan properly for the further education of a privately-educated teenager, who had a statement of special educational needs (SEN).

Due to the lack of support, the teenager applied for unsuitable sixth-form placements when instead, with the right guidance, he should have applied for college vocational courses. This meant that by the time he got his GCSE results there were no suitable places left for him to study at college.

The ombudsman's investigation found that despite the council’s SEN team working to remedy the situation, the teenager was left without formal education for an academic year, causing stress and strain on the family.

The watchdog has stressed that all councils should be aware of their responsibilities for transition planning for young people with SEN.

It said that whether young people are educated independently or by the local authority, councils have a duty to ensure that teenagers in years 9 to 11 have the proper plans in place to allow them to move on to post-16 education once they leave school.

Dr Jane Martin, Local Government Ombudsman, said: “Keeping good records and following statutory guidance properly will help to avoid pupils with SEN missing out on important transitional planning, as happened in this case.

“Milton Keynes Council made efforts to address the situation once it became apparent, but many opportunities had been missed to ensure the young man had the right support at the right time. However I am pleased to see the council has agreed to my recommendations, and has announced further plans to ensure this situation should not reoccur.”

Besides apologising to the mother and her son, the LGO said council should also review its procedures and pay the teenager £3,000 in recognition of his loss of opportunity and frustration caused by the postponement of his education.  

It has also recommended to pay the mother £500 in recognition of the distress caused by the strain on family relationships associated with her son being out of education and training for the period.

Michael Bracey, director of children's services at Milton Keynes Council, said: "We accept the recommendations and have already taken steps to ensure that the roles and responsibilities of the council and our schools are made clearer."