Dr Jane Martin called it "unacceptable" that some children with SEN are having their education disrupted as a result of councils failing to act quickly enough to provide support services.
The ombudsman's comments marked the launch of a report that identifies cases where children with SEN have been left without access to education for significant periods of time – often many months and in one case for two years – because local authorities failed to provide support to families.
According to the report, the local government ombudsman received 3,342 complaints about education and children’s centres – 8.6 per cent of which were about SEN provision.
The report highlights illegal exclusions, failure to provide specific SEN support such as qualified specialists and poor planning on an individual’s support package as areas of significant concern based on complaints received by the ombudsman.
In one case an eight-year-old boy with challenging needs was left without education for a term and a half because the council could not find a suitable school to suit his needs and failed to provide home tuition, despite identifying a need for specialist support.
Martin said it is vital that children with SEN and their families are treated fairly by councils.
She said: “It is not acceptable when pupils miss out on crucial education, are unlawfully excluded or have their education opportunities adversely affected.
“A common phrase we hear from families when resolving a dispute about SEN is that it feels like a constant battle. It should not be this way.
“When things go wrong it is vital that councils act quickly to avoid children being disadvantaged.”
Under government reforms put forward as part of the Children and Families Bill, a new needs-assessment process, managed by local authorities, with statutory timescales to ensure quicker decisions are made on whether support is to be provided and what form it takes will be introduced in September.
In addition, statements of SEN will be replaced with education, health and care plans, which will co-ordinate support services for all children and young people under 25.
Independent advocates will be recruited to help families navigate the new process and challenge council decisions on funding and services.
Martin said it is vital that councils learn from past mistakes before the new legislation is brought in to avoid problems in the future.
