Hackney Council pays £4,500 for missed education for autistic boy

Hackney Council has paid out £4,500 to the family of an autistic boy after failing to arrange his alternative education promptly. The boy, referred to as Y, had not attended school for a significant period after receiving an autism diagnosis in March 2023.

Ombudsman ruling on council failures

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The Local Government and Social Care Ombudsman determined that Hackney Council had not fulfilled its legal duty to arrange alternative education for Y. This failure caused "avoidable distress" to the child and his family. The council will pay £3,000 for delays in incorporating alternative education into the boy's Education, Health and Care (EHC) Plan and £1,500 for its failure to deliver tuition.

The Ombudsman's investigation found that the council took several months to consider arranging alternative education, even though it was aware Y was out of school. While Hackney Council met the deadline for completing the EHC Plan itself, it failed to include the agreed "Education Other Than At School" (EOTAS) package until January 2025, despite the request being made earlier. This resulted in the boy missing approximately a school term's worth of teaching.

Further delays occurred even after the boy's entitlement to funded tuition was agreed. He spent an additional half term without any teaching because the council's budget of £75 per hour made sourcing suitable tutors difficult. The watchdog stated, "This is service failure by the council."

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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 due to illness, absence, exclusion, or suspension. These changes aim to improve engagement with schools and families to resolve issues and ensure children can attend their current school.

The council is also establishing a new inclusion panel for better oversight of children not attending school. Additionally, a complaints handling improvement plan has been put in place, including staff training and better tracking, to increase investigation capacity and resolve complaints earlier.