The schoolboy, who has significant learning needs, was out of education for more than a yearBirmingham City Council House. Taken by LDR Alexander Brock. Permission for use for all LDRS partners.Birmingham City Council House(Image: Local Democracy Reporting Service)

A Birmingham mum has been awarded financial compensation after the city council failed to provide suitable education for her son more than a year after he was expelled from school.

The schoolboy, who has significant learning needs, was permanently excluded from his school in January 2024.

He was out of education for more than a year before Birmingham City Council eventually found suitable provision, an ombudsman found.

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His mum said the time out of education had drastically impacted his mental health and behaviour.

The youngster had been offered home tuition but this was not considered appropriate for his learning needs.

The mum, referred to as ‘Ms X’ in the ombudsman’s report, said the authority had caused her “uncertainty” and “frustration” by failing to provide suitable education and by mishandling her complaints.

The council has been ordered to pay the mum £250 for the delay and £200 for poor complaint handling.

“Ms X said her child missed over a year of education,” wrote the ombudsman. “She said this had a significant impact on her child’s mental health and behaviour, as well as the impact of missed education.

“Ms X said it caused her unnecessary and avoidable distress and frustration and it had a significant impact on her and her other children.

“The council was at fault for delay referring Ms X’s child for tuition after they were excluded from school, delay assessing the effectiveness of its home tuition trial, and delay exploring other options to engage the child in education.

“It also responded to Ms X’s complaint late. These faults caused Ms X uncertainty and frustration. The council will make a payment to Ms X.”

The watchdog added: “Within four weeks of this decision, the council has agreed to make a payment of £450 to Ms X. This is made up as £250 for the frustration and uncertainty caused by the delay recognising that home-based tuition was not working – and the delay exploring alternative options.

“I have taken into consideration the length of time involved. I therefore consider £250 is appropriate and proportionate for the level of injustice; and £200 for the frustration and uncertainty caused by the delay in handling Ms X’s complaint.

“I have taken into consideration the length of time involved and that Ms X did not get a stage one complaint response.

“This denied her the opportunity of having the Council review her complaint and its response at stage two. I therefore consider £200 is appropriate and proportionate for the level of injustice.”

We have contacted the council for comment.