Central Bedfordshire Council will have to pay a mother of a SEN pupil £1,050 and apologise to her for failing to provide education provision.

The authority failed to show it monitored whether he received the stated provision under his education, health and care plan (EHCP), while appearing satisfied that he had, according to a local government watchdog.

The council failed to make and retain records showing it actioned, monitored and reviewed alternative provision for him, said a local government and social care ombudsman’s report.

“The mother complained at the lack of education from February 2024 under his EHCP and as alternative section 19 provision. As a result, he missed 16 months of schooling.

Central Bedfordshire Council will have to pay a mother of a SEN pupil £1,050 and apologise to her for failing to provide education provision.

placeholder image — Central Bedfordshire Council will have to pay a mother of a SEN pupil £1,050 and apologise to her for failing to provide education provision.

“This impacted all the family and resulted in financial strain because of tribunal proceedings. He attended a mainstream school, but she didn’t consider it suitable and wanted him to go to an independent specialist school instead.

“CBC disagreed and named the other school in his EHCP. When he was attending part-time, the mother complained he was in a SEN room with no access to teachers and was given an online package for two hours a day with which he couldn’t engage.

“She complained the council failed to do enough to find him alternative provision, and that online learning was unable to meet his needs. Tutor provision was made. But this was changed to an online group session after several months, which he found overwhelming.

“CBC issued his final EHCP in May 2024. It was clear from the information on her appeal application and from the school that her son wasn’t attending school full-time.

“She believed the school had exhausted all its options helping him to access learning.” This had clear implications for his EHCP provision and whether it was received, explained the report.

“There was no information showing if and how CBC monitored whether he received the provision set out during the summer term, the half-term in autumn before he stopped attending, or from October 2024 to June 2025.

“There was nothing to show the council was satisfied he was receiving the plan provision. These failures amount to fault, which caused them injustice. This included frustration and anxiety for her, and lost learning for him, and uncertainty about whether he’d have received what was in his EHCP but for these failures.

“The council was unable to provide evidence of the mother asking for alternative provision and what it did, having received her requests. I’m satisfied that despite CBC failing to provide this evidence, some alternative provision was made for him.

“This was because what the council claimed about alternative provision was partly supported by what the mother said in her complaint to us and the local authority.

“She complained the school had exhausted all options, but there was no evidence of CBC exploring this claim to see if it was correct.” There was no evidence of the council fully explaining to her what the other options for alternative provision were, added the report.

“This was an important omission, as she’d made CBC aware he couldn’t cope with a home tutor. There was no evidence of the council reviewing and monitoring access to alternative provision to ensure it continued to meet his needs.

“CBC has agreed to pay the mother £1,050 and send her a written apology for the injustice caused by the fault found.”