West Northamptonshire Council (WNC) has been ordered to pay a family more than £11,000 after failing to provide a child with an education across three school years.

The council was asked to complete an education health and care plan (EHCP) in 2022 for the year 10 student who reportedly suffered from anxiety. WNC later accepted that there was a 39-week delay in issuing this, which it put down to a lack of staff, and handed out the final plan more than a year after the family first applied.

The family later made a complaint to the local government watchdog about their experience. WNC has apologised to the family for the avoidable distress and frustration caused.

After receiving her first care plan, it was soon realised that the school named would not be able to meet the girl’s needs and her mother asked for an Education Otherwise Than At School (EOTAS) package. Following a meeting with the authority in August 2023, the pupil was told she would be able to start at a different school that would be better suited in January 2024. At this point, she had already been out of school since April 2022.

One Angel Square, Northampton, headquarters of West Northamptonshire Council. (Image: Nadia Lincoln LDRS).

placeholder image — One Angel Square, Northampton, headquarters of West Northamptonshire Council. (Image: Nadia Lincoln LDRS).

WNC told the Local Government and Social Care Ombudsman (LGSCO) that it was not aware of the difficulties that the student was having at school in 2022, but accepted it had not provided suitable education from June 2023 when the child struggled at the first school named on her EHCP.

The LGSCO also reported that the mum had to pay privately for outside activities for her daughter over this time, which has affected her both financially and emotionally.

The local government watchdog wrote: “The law says that where a child is not attending school a council must first assess whether education is available or accessible to the child. If it is not it should arrange alternative education. Based on the evidence provided… by April 2022 the council was aware of the difficulties. The council was therefore at fault.

“[The pupil] has the injustice of a loss of education from April 2022 in almost two key years of her school life. It has also had a knock on effect on her emotional and social development and general well-being.

“Ms C and her family have had the time, trouble, and cost in missed work to support [her daughter]. I have found fault by the council which has caused [the student] and her family injustice.”

West Northamptonshire Council has agreed to pay £1,800 for the child’s loss of education in the summer term of 2022 when she was in year 9. A further £6,000 has been offered for the whole of her missed education in year 10 and £2,400 for the first missed autumn term in year 11.

Another £950 symbolic payment will also be bolstered on to the sum, totalling £11,150 for the family. The council has also said it will improve timescales in completing EHCPs and address the delays in getting educational psychology assessments.

A WNC spokesperson said: “Following the LGO investigation the Local Authority accepted the findings and have sent a written apology to the family for the avoidable distress and frustration caused by the delay.”