A North East council has apologised after a complaint that a tutor it commissioned for a child with special educational needs was “dishonest” and “behaved inappropriately”.
Newcastle City Council has paid £700 in compensation to a mother who was left unhappy with the quality of home tuition arranged by the authority for her youngest son and because it took almost a year too long to provide an Education, Health and Care Plan (EHCP) for him.
A watchdog’s report reveals how the woman, known as Ms M, claimed the tutor, procured from a national agency after her son stopped attending mainstream primary school, was “unreliable and dishonest and behaved inappropriately”, sending gifts to the child and sharing personal information with her.
The Local Government Ombudsman (LGO) has now upheld her complaint against the city council. But, it said that civic centre officials had “offered a satisfactory remedy” after apologising, ending the tutor’s involvement immediately, and paying out £500 in compensation for the distress caused and a further £200 to reimburse her for resources she had purchased herself.
LGO’s slow response
The LGO found the council took more than 15 months to issue an EHCP for the boy, identified only as B in the report, when one should be completed within 20 weeks of a request being made.
City council chiefs admitted last year how they were not meeting the legal deadlines to complete the plans, which set out what additional support will be provided for a child with special educational needs and disabilities (SEND), amid a rapid increase in demand.
An LGO investigator concluded B’s plan should have been finalised in August 2022, his school having requested one in March that year, but it took until July 2023 to be issued.
The council took responsibility for arranging the boy’s home tuition in February 2023, but Ms M raised complaints with both the council and the tutoring agency in October 2023 – also alleging that the tutor “did not plan B’s lessons and he made no progress” and that she was “was not supported by the council to manage the tutor”.
The LGO said that it does not investigate concerns about the quality of teaching, but that the council had “acknowledged there were problems with its commissioning of the tutor and the support it provided Ms M”.
Its report, published in December, adds: “The Council ended the tutor’s involvement straight away and attempted to arrange tuition with a new provider. A new package was in place in early March 2024, five months after Ms M first raised concerns about B’s tuition. In its complaint response, the Council acknowledged the difficulties it faced because of high demand for alternative provision. It also referred to difficulties outside its control, including Ms M’s holidays, family illness and the times Ms M was available for B’s tuition. It appears the Council and its providers worked with Ms M to arrange a suitable programme as quickly as possible.”
Ms M also complained that she was unable to claim free school meal vouchers because the EHC plan issued by the council did not name her son’s school, something which the council has subsequently agreed a payment for.
Newcastle City Council Comment:
“The increase in the number of pupils with education, health, and care plans (EHCPs) is a growing and significant issue for councils across the country. Over the past two years, we have experienced a significant increase in requests for statutory assessments, which has affected our processing time.
“We sincerely apologise for the delay in issuing an EHCP and commissioning a tutor in this case. We recognise the impact this has had and have resolved the complaint with an apology and a compensation payment to the family, which the ombudsman has deemed an appropriate remedy.
“Regarding the tutor complaints, we took immediate action by ending the tutor’s involvement and promptly seeking an alternative provider. We worked closely with the family to arrange a suitable tuition programme as quickly as possible.
“We continue to be committed to supporting all children and young people to reach their full potential and have the best possible start in life. While children and young people are waiting for the outcome of the statutory assessment process, it is important to note that they, their schools, and their families can access a wide range of support during this time.”
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