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Student who dreams of being a criminal lawyer ‘failed by council’

by Emma Merchant
October 26, 2024
in Education, Featured, Wokingham
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ON OCTOBER 17 we published an article ‘Wokingham Borough Council fined over SEN pupil’.

It described the outcome of an investigation by the Local Government Ombudsman (LGO) into Wokingham Borough Council’s (WBC) failure to provide suitable education for a child who has ADHD and autism.

Following publication, the child’s mother (Parent x) contacted us to explain why she is so frustrated and angry with the council.

“Despite the ombudsman’s report, and the council being fined, we still have no schooling in place and nothing has changed,” she said.

In 2022, when she was in Year 10, Parent x’s daughter (Child y) was struggling to cope in mainstream education.

Her school, St Crispin’s, said they did not have appropriate resources to teach her, and that they wouldn’t be able to offer her a place in the sixth form when the time came.

An emergency meeting was called, and in January 2023, alternative provision was sought.

WBC said it would approach Hurst Lodge, Yately, where children’s individual needs can be met.

But the council failed to act quickly enough, or to communicate effectively with the family.

Their Special Educational Needs (SEN) team did not approach Hurst Lodge until June, by which time it was too late to integrate Child y into the school year.

“However, the school was keen to offer her a sixth form place in due course,” said her mother.

“She went for an interview, and spent a trial day at the school.

“She was so excited at the prospect of going; they really understood her, and she felt very comfortable there.

“We were led to believe that she would eventually be able to go to Hurst Lodge for A Levels, and that WBC would fund her place.

“It was reassuring to have something in place early for sixth form.”

Until then, with nothing else available, Child y had to struggle on in mainstream education for her GCSEs.

“St Crispin’s School did their best to support her; they were brilliant, putting lots of things in place to try to help, but we all knew that she wasn’t in the right setting,” said Parent x.

For two years no suitable alternative was found by WBC.

“We were so worried about her studies that we paid for English and Maths tuition to help,” the child’s mother continued, “but it was very hard for her, and her GCSE results, ended up being much lower than the predicted grades she’s capable of.”

St Crispin’s School has made it very clear that Child y cannot cope in mainstream education.

“At the start of Year 10 they were really clear that they couldn’t meet our daughter’s needs,” Parent x said.

“They tried many different interventions to support her, but having exhausted all these, they had nothing more to offer.”

The child’s Education, Health and Care Plan (EHCP) also makes it very clear that she requires specialist schooling.

So it came as a shock when in July this year WBC told the family that they wouldn’t fund a place at specialist provider Hurst Lodge.

They said they didn’t believe this was necessary, and that Child y should attend a mainstream sixth form college.

“They named Bracknell College on her EHCP as her educational setting,” said her mother.

“But the college wasn’t actually aware of this until September this year.

“Apparently they had said they might provisionally be able to meet her needs, based on an out-of-date EHCP they’d been given – they didn’t have her updated details.

“No course was identified at any point, and no plan was ever made.

“The college is totally unsuitable for her, which everyone has now accepted.

“I’ve made an application for appeal and tribunal on the grounds that the council has suggested a college that she can’t attend.

“But the tribunal system is so clogged up that our tribunal is currently listed for October next year.”

Now the council is back in consultation, and Parent x says the family is in no-man’s-land without schooling.

“We’ve requested tuition at home, but WBC has refused that too,” she said.

“Last Thursday they informed me that they are approaching Newbury College, which is crazy.”

Newbury is a mainstream education provider, and is a 45 minute drive away.

“I believe the council has told the LGO they have secured a suitable Year 12 placement for our daughter, but that’s simply not correct.

“Wokingham Borough Council has been found to be at fault by the LGO in a number of areas, including communication, getting things wrong, and failing to provide our child with the right education.

“They have even been fined, but they continue to do exactly the same things, and we are still facing the same issues.

“What are we supposed to do? Do we put another complaint in and start all over again?”

Parent x says her daughter feels very let down by the council.

“I just want them to fund Hurst Lodge,” she said.

“This “was originally the plan, and what we were very much led to believe would happen.

“The council really needs to think about the young people they are working with, and the impact this has on them.

“I find it very sad that my daughter was sent for interview at Hurst Lodge, and that her hopes were raised so high, only to be told that she couldn’t go there.

“As someone with autism, she needs forward planning, preparation for transitions, and to know what is going on.

“It’s written throughout her EHCP that she needs certainty.

“Yet the council, in managing her situation, has done precisely the opposite, and we have nothing but uncertainty.

“I could have understood them being unwilling to fund her if she was badly behaved or had poor attendance, but she had 100% attendance and is really keen to learn.

“She has aspirations to go to university to become a criminal lawyer, but there’s no support for her at all.”

Cllr Prue Bray, executive member for children’s services, said:

“We are not able to comment on the circumstances of an individual child.

“But we make all our decisions about placements with the interests of the children and young people foremost in our minds, and with our partners in SEND services.

“We look at the suitability of all placements.

“When an educational setting tells us they are able to provide what the young person needs, we then have a duty to consider the efficient use of resources (best use of public money).

“All families and young people have a right of appeal to challenge decisions regarding placements, and free, impartial and confidential advice and support is available locally through SENDIASS Wokingham.

“We will continue to speak with the young person and their family regarding their concerns.

“We are conscious that the range of local post-16 SEND provision is not as wide as it could be, and are actively looking at how we can improve choice for our young people despite our limited resources.”

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