West London council slammed by watchdog for ‘losing sight’ of responsibility to SEND kids

Hounslow Council left a girl with additional needs with no school place and the ombudsman has told “every council in the country to look at this case”

A West London council has been slammed by the local government watchdog for “losing sight” of its responsibility to children with additional needs.

This comes after Hounslow Council was found at fault twice in quick succession by the Local Government and Social Care Ombudsman in relation to children schooled outside the borough. In one case, a family needlessly moved their child to a different school due to the council failing to make clear it had a legal duty to support the child.

The primary school girl, referred to as Child Y, had delayed language and communication skills, sensory processing difficulties, and an Autism diagnosis. In September 2021, the child began attending School 1, which was outside of Hounslow.

In November 2022, Hounslow Council issued an Education, Health and Care Plan (EHCP) for the girl, which included 26 hours a year of speech and language therapy (SALT), 26 hours a year of occupational therapy (OT), and an hour a week of combined OT/SALT.

The failures begin in January 2024, when the child’s father contacted the council to inform it that School 1 did not have the therapists required to deliver the girl’s EHCP. Following a request from the school in May, the council agreed to provide funding for additional therapies at the end of the month.

At an annual EHCP review meeting in June 2024, the potential for moving the child to a different school with specialist provision in line with the upcoming academic year was discussed for the first time. In July, a council SEND officer contacted the father, stating that there was no specialist setting available, but they would consult an academy based in the borough.

The officer’s communication strongly implied that the girl would only receive her required therapies if she attended an in-borough school, noting that where a child is placed out of borough, they “would not be eligible for support from the council central teams” – this was incorrect as Hounslow Council had a legal duty to the child regardless of where she attends school.

Despite the first school eventually confirming it could source the required therapies for the child, Mr X had been waiting since January, and reluctantly accepted a move to the in-borough school following incorrect council advice and pressure.

In September 2024, Child Y began at the new school, however the move was highly distressing for her, and she started “showing behaviours that her family had never seen before”. Realising the move was a mistake, the family sought to move her back to her old school out of the borough, however the specialist place had already been given away.

In November 2024, Hounslow Council carried out another review and found that the new school could not meet the child’s needs. This then led to the girl being home-schooled.

‘I want every council to look at this case’

Amerdeep Clarke, the Local Government and Social Care Ombudsman, said: “This case is a stark reminder of what can go wrong when a council loses sight of its responsibilities to children educated outside its boundaries. A child with complex special educational needs missed vital therapy provision for two whole terms, not because it could not be arranged, but because the council did not have the right systems in place to make it happen.

“I want every council in the country to look at this case and ask whether they are confident they have proper oversight of the children in their area who are educated in out-of-area placements. Are the right arrangements in place? Do staff understand the council’s legal duties? Are there systems to check that provision is actually being delivered?

“Children with SEND are amongst the most vulnerable in our communities, and the impact of getting this wrong, on their development, their wellbeing, and their families, can be profound and long-lasting. Effective scrutiny and oversight of local SEND services is not a bureaucratic exercise; it is how councils make sure every child gets the education they are entitled to.”

A council spokesperson told the Local Democracy Reporting Service (LDRS) that: “Hounslow Council accepts the technicalities of the original Local Government Ombudsman findings and remains fully aware of our responsibilities to children with special educational needs who are schooled outside the borough.”

The council was ordered to formally apologise to the family, pay £1,700 to recognise the distress it had caused, and ensure the girl can return to her original school. Additionally, the council must implement service improvements to ensure “proper oversight” of out-of-borough placements.

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