Central Beds Council apologises after boy misses out on schooling due to health reasons

His attendance has been inconsistent because of his anxiety, having been diagnosed with learning and developmental disorders, according to a report by the local government and social care ombudsman.

There was fault by Central Bedfordshire Council (CBC), said the report. “The mother complained CBC failed to make arrangements for alternative educational provision for her son, when he was unable to attend school. He stopped attending school entirely in January 2024.

“She believes his school contacted CBC to request alternative provision at some point after July 2022, but the local authority declined to do so.

“CBC contacted her in December 2022 to discuss alternative provision. She was told he was on the waiting list for mentoring. He was offered a place in March 2023, and had his first session in June 2023.

“She made a formal complaint last July about CBC’s failure to arrange alternative provision. CBC responded in September. It said his attendance at school during the 2021/22 academic year was enough not to trigger its intervention.

“It accepted he’d been absent for 15 consecutive days in June 2022 and agreed it was at fault for not arranging alternative provision then. CBC offered her £250 as a remedy.

“CBC contacted her In November to discuss online tutoring for her son, with a link to a tutoring agency. She later replied this was unsuitable for him. The council offered face-to-face tuition for him,” explained the report.

“It also provided her with a further complaint response in November. It noted the NHS hadn’t confirmed he was medically unfit to attend school. But CBC increased its remedy offer to £850 for its failure to arrange alternative provision in June 2022.

“CBC provided her the details of a tuition agency in January 2024. The agency contacted the tutor and CBC to make an appointment, but the council didn’t reply immediately.

“After a meeting with the tutor In February, CBC told her it couldn’t agree to pay the costs for this agency. It offered to arrange online tuition, or a different agency.

“He began tuition with this agency in March. She said CBC arranged for ten hours of teaching per week in English, Maths and Science. For the 2022/23 academic year, CBC stated there was no single period of sustained absence, so its duty wasn’t triggered.

“It appears common ground he was frequently absent to the point where I’m satisfied it was for at least 15 days during the 2022/23 academic year,” added the report.

“Despite the fact it wasn’t in one consecutive block, CBC was wrong to say his absences didn’t trigger its section 19 duty then. But CBC can’t keep a tutor in reserve in case a pupil is unable to attend school on a particular day.

“I’m satisfied the uncertainty has contributed to causing some distress and frustration to them. This is an injustice in its own right, with a remedy of £300 each appropriate. CBC should also write a formal letter of apology to her for the fault identified.”