Walsall Council Compensates Mother After Failing to Deliver Special Education Package
A mother from Walsall has been awarded a significant £2,400 payout following a ruling that the local council failed to provide crucial special education provision for her child. The case, investigated by the Social Care Ombudsman, highlights systemic failures in delivering services outlined in an Education, Health and Care Plan.
Systemic Failures in Education Other Than At School Provision
The child, referred to in official documents as 'Child Z', was issued an EOTAS package in 2023 after authorities determined that no school setting could adequately meet their specific educational needs. This comprehensive package was designed to include multiple essential components to support the child's development and learning.
The agreed provision included:
- Academic tuition sessions
- Specialist speech and occupational therapy
- Physical education lessons
- Mentoring support
- Provision of a computer and necessary stationery
Walsall Council had additionally committed to providing free school meal vouchers and funding a laptop worth up to £500 for the family to use during the educational program.
Multiple Service Delivery Failures Identified
The Ombudsman's investigation revealed that the council failed to deliver several key elements of the agreed educational package. Significant gaps in provision were identified, including the complete absence of promised speech and occupational therapy sessions and failure to supply the agreed laptop computer.
Additional shortcomings included:
- Missing weeks of academic tuition in January 2024
- No physical education lessons provided
- Delayed free school meal funding
- The mother experiencing unnecessary 'time and trouble' pursuing complaints to secure her child's provision
The investigation covered the period from January to November 2025, during which the child missed essential special education provision that had been legally mandated through their EHCP.
Council Ordered to Take Remedial Action
In response to the findings, the Ombudsman ordered Walsall Council to take immediate corrective measures. The local authority was instructed to pay the family £2,400 compensation to acknowledge the missed educational provision during the specified period.
The council must also:
- Supply the promised laptop computer to the family
- Organise and deliver the outstanding physical education sessions
- Verify that speech and occupational therapy has properly commenced
The Ombudsman noted with some satisfaction that the council had already begun taking steps to address the identified injustices before the formal ruling was issued.
Council Response and Commitment to Improvement
A spokesperson for Walsall Council responded to the ruling, stating: "The council is committed to providing our children and young people with the best possible education that meets their needs. The council will always try and resolve complaints prior to a customer contacting the Ombudsman. In these instances, we accepted the findings of the report and have agreed to the recommended actions set out in the final decision."
This case serves as a significant reminder of local authorities' legal obligations to deliver special educational provision as outlined in EHCP documents. It highlights the importance of robust systems to ensure vulnerable children receive the support they are legally entitled to, particularly when mainstream school settings cannot meet their needs.
The ruling underscores the Ombudsman's role in holding local authorities accountable when they fail to deliver essential services to children with special educational needs and their families.
