Hackney Council to pay £4,500 for missed education
Autistic boy's family to receive compensation after delays in alternative education provision.
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Hackney Council has agreed to pay £4,500 in compensation to the family of an autistic boy who missed months of education due to council delays. The Local Government and Social Care Ombudsman found the council failed in its duty to arrange alternative education for the child.
Delays in Education Provision
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The boy, referred to as Y, received an autism diagnosis in March 2023 and had been out of school for a significant period. His father, Mr X, requested an Education, Health and Care (EHC) needs assessment from Hackney Council in July 2024. Despite being aware the child was not attending school, the council took several months to consider arranging alternative education, a failure in its legal duty under the Education Act 1996. The law requires local authorities to support children not attending school, particularly those with special educational needs and disabilities (SEND).
Hackney Council met the deadline for completing the boy’s EHC Plan but did not include the agreed “Education Other Than At School” (EOTAS) package until January 2025, despite Mr X requesting it earlier. The Ombudsman ruled that the council conflated the father’s request for EOTAS with its duty to provide alternative education, resulting in the boy missing approximately a school term’s worth of teaching.
Further Failures in Tuition Delivery
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Even after the boy’s entitlement to funded tuition was confirmed, he spent an additional half term without any teaching. This was because the council’s budget of £75 per hour proved insufficient for sourcing suitable tutors, as reported by the Ombudsman. The watchdog stated this constituted a service failure by the council.
The council initially offered the family £200 for the time, trouble, and distress caused after Mr X complained. However, the Ombudsman found the council's delays led to "avoidable distress" for the child and his family. The Ombudsman recommended a total payment of £4,500: £3,000 for the delay in incorporating the alternative education provision into the EHC Plan and £1,500 for the failure to deliver tuition.
Council Response and Future Plans
A spokesperson for Hackney Council acknowledged the failings outlined in the Ombudsman's report and apologised for the distress caused. The council stated it is implementing new systems to identify children missing school earlier and improve engagement with schools and families. These changes will include a new inclusion panel for better oversight of children not attending school. The council also reported implementing a complaints handling improvement plan, including staff training and better tracking, to resolve complaints earlier.
Questions this report answers
+How much compensation will Hackney Council pay?
Hackney Council will pay £4,500 in compensation to the family of an autistic boy. This amount was recommended by the Local Government and Social Care Ombudsman to address delays and failures in providing alternative education.
+Why is the council paying compensation?
The council is paying compensation due to significant delays in arranging alternative education for an autistic boy and for failing to deliver tuition. The Ombudsman found these failures caused avoidable distress to the child and his family.
+What was the specific failure regarding the EHC Plan?
The council failed to include an agreed "Education Other Than At School" (EOTAS) package in the boy’s EHC Plan until January 2025, despite it being requested earlier. This delay meant the child missed approximately a school term's worth of teaching.
+What is the council doing to prevent this from happening again?
Hackney Council is implementing new systems to identify children missing school earlier and improve engagement with schools and families. They are also establishing a new inclusion panel for better oversight of children not attending school.
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