Slough Borough Council has been ordered to pay £500 to a local mother after the Local Government and Social Care Ombudsman found the authority provided "confusing information" about the type of education it could offer her child and delayed parts of the SEND process.
Ombudsman upholds complaint over communication and delay
The complaint, brought by a mother identified in the report as Ms X, centred on the council’s handling of her son S’s Education, Health and Care (EHC) plan and discussions about alternative education arrangements.
The child, who has an EHC plan, attended a mainstream primary school with support. Following an annual review in December 2022, an updated EHC plan published in May 2023 retained the same mainstream placement. Unhappy with support at the primary school, the mother applied for Elective Home Education (EHE) in October 2023 and later moved to EHE when the council agreed to that arrangement.
Confusion over EOTAS and appeals process
In February 2024 a new EHC plan named a mainstream secondary school for S from September 2024, but the mother preferred a special school and appealed the plan in April. She then asked the council about Education Other Than At School (EOTAS). A senior officer reportedly told her:
“The council had…let you and [S] down. Let’s put that right. So, we move from EHE to EOTAS.”
However, the council later informed the family that the child did not meet the criteria for EOTAS. The ombudsman found that the council’s inconsistent communications and delays in responding to the family amounted to maladministration.
- Issue: Confusing information about whether EOTAS would be provided
- Finding: Ombudsman upheld complaint for poor communication and delay
- Remedy: Compensation of £500 awarded to the mother
Timeline of key events
| Date | Event |
|---|---|
| Dec 2022 | Annual review held |
| May 2023 | Updated EHC plan published naming same primary school |
| Oct 2023 | Mother applied for Elective Home Education (EHE) |
| Feb 2024 | New EHC plan named mainstream secondary school |
| Apr 2024 | Mother appealed placement and requested EOTAS |
| Jul 2024 | Complaint to ombudsman about lack of response |
The ombudsman's decision underscores the practical consequences for families when local authorities do not communicate clearly or act promptly in SEND cases. While the award of £500 is modest, the ruling highlights the emotional and procedural impact on parents navigating EHC plans, appeals and alternative education options.
For residents of Slough this case is a reminder of the importance of timely, clear communication from the council's SEND services. Families in similar situations may wish to seek independent advice on EHC appeals, Elective Home Education and EOTAS criteria, and the ombudsman’s published guidance on how complaints are handled.
The council has been asked to consider how it prevents similar errors and poor communication in future, though the ombudsman ruling does not mandate specific new policies beyond requiring the compensation and acknowledgement of fault.
