A Birmingham mother has secured a financial payout after a watchdog found the city council failed in its legal duty to provide suitable education for her son for more than a year following his expulsion.
A Year Without Education
The schoolboy, who has significant learning needs, was permanently excluded from his school in January 2024. According to the Local Government and Social Care Ombudsman, he then remained out of any formal education for over twelve months before Birmingham City Council eventually found appropriate provision for him.
His mother, identified only as 'Ms X' in the official report, stated that this extended period without education had a severe effect, drastically impacting her son's mental health and behaviour. The council had initially offered home tuition, but this was deemed inappropriate for his specific educational requirements.
Council Fault and Compensation
The ombudsman's investigation concluded that the council was at fault for multiple failures. These included a delay in referring the child for tuition after his exclusion, a delay in assessing the effectiveness of the home tuition trial, and a delay in exploring other options to engage him in learning.
Furthermore, the authority was criticised for its poor handling of the mother's complaints, responding to them late. The watchdog stated these faults caused Ms X significant "uncertainty" and "frustration".
Payout and Injustice
As a result, the council has been ordered to pay Ms X a total of £450 in compensation. This sum is broken down into two parts:
- £250 for the frustration and uncertainty caused by the council's delay in recognising the home tuition was ineffective and its subsequent delay in finding an alternative.
- £200 for the frustration and uncertainty caused by the poor complaint handling, which denied her a proper review process.
The ombudsman's report quoted Ms X, who said the ordeal caused her "unnecessary and avoidable distress and frustration" and had a significant impact on her and her other children. The council has agreed to make the payment within four weeks of the decision.
