A council has apologized to a family whose clinically vulnerable son has been left without an education during the pandemic.
The nine-year-old with complex special educational needs has had no formal schooling since September 2020.
An ombudsman said Cambridgeshire County Council has “so far refused to agree to any of the … recommendations to put things right for the family”.
A district council spokesman said: “We know that we could and should have done better.”
The Ombudsman also recommended that the authority pay the family £8,000 in compensation.
The family said it caused them “significant hardship”.
The boy, whose needs include severe neurological disabilities and speech and language delays, has been unable to attend school during the pandemic on the advice of his GP.
The Ombudsman for Local Government and Social Welfare (LGSCO) said the boy had “only been given some homeschooling in the last month”.
The Council is required to review its Education and Health Plan (EHCP) annually, but it was last amended in 2018.
In its report on the boy’s case, LGSCO found that “guilt causes injustice” and recommended that the council apologize to the boy’s family.
“The Council has not given due consideration to this [the boy’s] Human rights under Protocol 1, Article 2 – the right to education,” said the Ombudsman.
“As a result, at the time of writing, [the boy] 14 months has missed the training (without school holidays) and remains without the care to which he is entitled.”
The Ombudsman also said the Council’s response to its inquiry was “disappointing” as it failed to provide several documents by March 2022 after a draft report was published.
It said the authority should pay the family £7,000 to acknowledge the boy’s lack of education and special education from September 2020 to February this year and a further £1,000 for the stress caused.
The Ombudsman also said the council should arrange alternative care for the son until he can go back to school.
LGSCO’s Michael King said: “I am concerned that throughout my investigation the Council has shown a fundamental lack of understanding of its role in the SEND process and of its legal obligations and duties towards children in the county.
“Furthermore, the Council’s poor response to my investigation is also a major problem.
“I am now urging Cambridgeshire County Council – and the councilors who are considering its actions – to reflect on my report and whether this is the way they intend to deliver services to their most vulnerable residents going forward. ”
The family said they were grateful to LGSCO, adding: “Finally we feel heard.
“This case has taken us a long time to follow up and it continues to cause significant suffering to our entire family. Unfortunately, we believe this is not an uncommon story.
“We now expect Cambridgeshire County Council to take action on all report recommendations without further delay.”
A spokesman for Cambridgeshire County Council said: “We understand and accept the ruling and our Chief Executive Stephen Moir has issued a personal apology to the family.
“We know we could and should have done better. The compensation proposed by the local government ombudsman will be paid.
“Much more needs to be done to support children with special educational needs and disabilities in Cambridgeshire which is why this has been made a priority by our joint administration.
“A full plan examining our progress in addressing the actions identified by the Ombudsman in this case will be discussed by the Children and Young People’s Committee in July.”
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