Ombudsman finds Herts council failed boy, 4, in discrimination case

A council failed to intervene when a primary school discriminated against a disabled boy, an ombudsman found.

The boy's father wrote to the Local Government and Social Care Ombudsman after Hertfordshire County Council did not act on his complaints.

The ombudsman made a number of recommendations, including compensation of more than £15,500.

The council said they took the findings "very seriously" and will act on all the conclusions.

The school admitted disability discrimination against the boy, known as Y, according to the ombudsman's report.

It acknowledged that the boy, then aged four, had been given a limited timetable and was later excluded for behaviour associated with his disability.

The ombudsman said there were "significant concerns with the way the Council has handled this complaint".

"The school admitted it had discriminated against Y because of his disability and its actions were not compliant with the Equality Act " the report said.

It added: "[The school] said it had failed to make reasonable adjustments to its behaviour policy, failed to provide auxiliary aids (including support from suitably qualified staff) and failed to provide interventions in the EHC plan including therapies.

"It had wrongly limited Y's time in school and wrongly excluded him because of behaviours that arose from his disability."

The boy's parents also complained that the council had failed to secure full-time education and special educational provision in an Education Health and Care (EHC) plan, which said he needed a range of additional help.

Over the course of the 2020-2021 school year, the child missed half of the expected hours of education for reception class.

Among the recommendations was compensation of more than £15,500 to cover private tuition costs, care and legal fees.

The ombudsman also found the local authority had "provided inaccurate information" to the boy's father and the ombudsman, including blaming Covid-19 for delays and claims Y was "unable to engage with education".

The council has apologised to the family for the "frustration, distress and educational disruption caused".

"The departments involved will also be embedding these recommendations within our working practices to ensure that all children with SEND and EHCPs in Hertfordshire receive the support they need and deserve," a spokesman said.

He said there had been "unprecedented demand" for special educational and disability needs in recent years and it was working on how to best meet the increasing needs of children and young people.

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