Central Beds Council pays £300 to mum after bullied daughter missed 6 months of school

The resident complained Central Bedfordshire Council failed to provide a suitable education when her child was unable to attend school because of bullying, according to the local government and social care ombudsman.

She said the local authority incorrectly decided not to consider a complaint about this through its complaints procedure, citing an ongoing appeal to the special educational needs and disabilities (SEND) tribunal, explained the ombudsman’s report.

“She suggested the matters complained of were unrelated to the appeal and CBC could have addressed them. We’ve also found the council at fault for failing to properly consider its section 19 duty, or document its decision-making.

“CBC’s faults led to her child missing suitable education provision for six months. This affected their educational attainment and overall wellbeing. It also caused the mother and other family members avoidable distress and uncertainty.

“She told the ombudsman CBC withdrew from mediation proceedings at a late stage, but she was able to submit a late appeal to the SEND tribunal in February 2023 over her child’s education, health and care plan (EHCP).

“The mother was unhappy about the school’s response to the bullying, and its proposal to keep her child separated from the alleged perpetrators for periods during the school day.

“CBC said her complaint was excluded from its complaints procedure, and that the SEND tribunal was considering the child’s school placement matter. It explained the school should address attendance concerns, and it would refer her back to these parties.

“CBC warned it couldn’t consider concerns about the school placement because of the ongoing appeal, and it would ask the school to arrange an interim package of reintegration and support,” said the report.

“In November 2023, she sought an increase in the support and tuition provided for her child. She claimed she didn’t receive a response.

“By late February 2024, the child began preparing to attend a new school named in the amended final EHCP. CBC issued the amended final EHCP in March 2024.

“The child only stopped attending school in September 2023, after incidents of bullying. These matters were unrelated to the tribunal’s already ongoing consideration of SEN needs.

“CBC wrongly combined these matters in its complaint response, failing to address the mother’s concerns through its complaints procedure. I found the council at fault for this. It caused her avoidable time and trouble, which is an injustice.

“The local authority had to arrange alternative provision under section 19 of the Education Act 1996. CBC didn’t clearly consider whether it owed the child a section 19 duty, and didn’t keep this decision under regular review, for which I’ve found it at fault,” added the report.

“CBC has agreed to provide a written apology within four weeks to both of them for the faults and injustice identified, including not properly considering her complaint.

“The council should pay £300 in recognition of the uncertainty caused by its failure to properly consider its section 19 duty and keep this under review.”