Failure to make full provision for a girl's special educational needs (UK LGO)

8 June 2010, United Kingdom. The Local Government Ombudsman ruled that Isle of Wight Council failed to make the full provision for a visually-impaired girl’s special educational needs.

Isle of Wight Council failed to make the full provision for a visually-impaired girl’s special educational needs, finds Local Government Ombudsman, Jane Martin: “The Council’s failure to provide what was on the statement of special educational needs contravened Section 324 of the Education Act 1996 and so was maladministration.”

‘Mrs Bentley’ (not her real name for legal reasons) complained that the Council failed to provide what was required by the statement of special educational needs for her daughter, ‘Julie’ (also not her real name). Julie is registered blind, having no sight in one eye and only limited vision in the other.

Julie’s statement of special educational needs provided that she should have 10 hours per week input from a qualified teacher for the visually impaired. Available records show that the Council consistently failed to provide the full 10 hours. Only some of the missed provision was due to circumstances beyond the Council's control.

The Ombudsman considered the Council failed to make proper arrangements to deliver the whole of the provision on Julie’s statement. The timetable for the teacher designated to provide the input did not specify precisely how the provision was to be met. The Ombudsman accepted the Council’s argument that it is difficult to provide cover for unexpected absences such as sickness, but found evidence to show that the Council could have provided greater cover than it did.

The Ombudsman found maladministration causing injustice. The Council agreed to remedy the injustice as follows:

• pay £1,500 to Mrs Bentley, as compensation for her distress, time and trouble; 
• pay a further £3,500 to Mrs Bentley to provide additional help for Julie to enable her to make up for the provision she has lost in a way she deems appropriate; and 
• review its procedures to ensure that the provision on statements of special educational needs are met and to review the supervision of teachers employed by the Council who work in various locations, such that everyone concerned is clear what they are required to do, and when and where they should carry out their duties.

The LGO report is available here