Services for SEND children in Nottinghamshire are delivered by the county council and NHS(Image: Joseph Raynor/Nottingham Post)

Nottinghamshire County Council pays out nearly £8,000 compensation over school failings

One parent faced "excessive delays" in getting the right education for their child

by · NottinghamshireLive

Nottinghamshire County Council has had to fork out nearly £8,000 in compensation over failings in getting children the right education. The Conservative-led authority has been facing issues for years over its services for those with Special Educational Needs and Disabilities (SEND).

Conditions like ADHD and Down's syndrome are among those included within the definition of SEND, which 16,000 children and young people in Nottinghamshire are classed as having. For those with SEND and struggling in mainstream education, having an education, health and care plan (EHCP) in place is crucial.

An EHCP describes the support needed for children and young people with SEND aged up to 25, with parents and carers able to request that a particular school or college is named in this plan. Legislation states that these EHCPs should be carried out and completed within 20 weeks.

Yet just 4.5 per cent of EHCPs in Nottinghamshire were issued within that time frame in 2022 and an Ofsted inspection in 2023 found the average wait time in the county was 32 weeks. Although the council says the situation is improving, recent decisions from the Local Government and Social Care Ombudsman show EHCP delays are still being faced by parents and costing the council thousands.

The watchdog found the council at fault in two investigations between July and August. One case related to a parent who did not have an EHCP plan issued for their child until six months after the legal deadline, with the situation causing her to take time off work.

The second complaint related to a parent trying to transfer his son from a special school to a college, with the parents saying his son failed his course and that an emergency transfer to another college was required. There then followed an "excessive delay" in re-issuing an ECHP once it was known the son would be staying at school another year.

For both cases combined, the county council has agreed to pay out compensation of £7,900. Councillor Sam Smith, the cabinet member for education and SEND, said: "It goes without saying that further improvements are needed and colleagues from the NHS, Integrated Care Board (ICB) and county council children's services are working tirelessly to ensure that every parent has a voice.

"I very much welcome feedback from young people and their families through the newly launched SEND improvement mailbox. As mentioned previously, SEND improvement is a key priority for myself and this council and I believe the partnership is working effectively towards taking the steps which will see better outcomes for young people and their families."