Chesterfield mum slams council for ‘laughable’ compensation after son with SEN misses months of school

A Chesterfield mum has criticised Derbyshire County Council for failing to provide full-time specialist education for her five-year-old son with complex Special Educational Needs (SEN).

Jade McNicol, of Brampton, submitted two complaints to the council after her son Ralphie, who has a cognitive age of a one-year-old, missed six months of school - before being asked to attend on a part-time timetable in May.

Jade, who was forced to leave full-time education to take care of Ralphie, submitted a Stage 1 complaint to the council in regards to how they have handled her son’s case.

After several months of waiting, the complaint was upheld.

But because the response did not address the full complaint, Jade has escalated the complaint to Stage 2.

Her stage 2 complaint was partially upheld - with the authority explaining they were unable to fully investigate all concerns due to a member of staff involved leaving their job in the meantime.

Derbyshire County Council has offered Jade a compensation of £100, which she did not accept.

Jade, a mum-of-two, said: “£100 is not only laughable, it's an insult. It’s ridiculous.

“Ralphie was out of school for six months.

“For these six months, no alternative was offered by Derbyshire County Council.

“There wasn't any tutoring, no alternative provision, nothing.

“Then there is distress this has caused me and lack of respite.

“After all that they have placed Ralphie in a mainstream school that had told them before that they could not meet need - and they named them anyway.

“I wasn't asking the council for any kind of financial remedy. I was asking that they provide my son with the correct care and education that was supposed to be actioned.”

Ralphie has a significant developmental delay, is non-verbal and still in nappies.

He has no danger awareness relies on an avoidant/restrictive food intake disorder (AFRID) diet.

Several specialists including school SENCO workers and medical professionals have suggested that Ralphie has severe autism

The five-year-old has been on the NHS waiting list for an autism assessment for three-and-a-half years now.

Despite his complex needs, Derbyshire County Council has assigned Ralphie to various mainstream primary schools.

The schools were unable to meet his needs despite of their best efforts.

When last year the authority assigned Ralphie to mainstream Westfield Infant School, the school informed the council they would not be able to support him.

But Derbyshire County Council still assigned Ralphie with a place at the school.

Ralphie was unable to stay in the mainstream environment due to safety concerns and was forced to stay at home, with his mum Jade dropping out of college to take care of her son.

He lost six months of education, before Derbyshire County Council awarded him with additional funding to allow for individual support at Westfield Infant School following a story published at the Derbyshire Times.

Commenting on her son’s experiences at the mainstream provision, Jade said: “In one of the schools, he had managed to climb into the second floor window and nearly fall out of it. It’s a very small opening, and they're very high windows, but he'd managed to get himself there somehow.

"The nursery staff were fantastic, but Ralphie is very quick and he can be a danger to himself.

“I had numerous meetings with the teachers when he was in nursery and reception and his SENCO said that Ralphie is never going to fit in at mainstream.

“There are children that can thrive in a mainstream school with the correct support.

“But, when you have got a child on Ralphie's level, who is cognitively a one-year-old, you can’t put him in mainstream.”

Since May, Ralphie has been attending the school on a part-time timetable, receiving individual tutoring.

Jade has said she asked Derbyshire County Council multiple times to confirm when Ralphie would be moved to a specialist setting to receive education a full-time basis, but has not received any information.

She has reached out for help to Chesterfield MP Toby Perkins and is taking her complaint further with the Ombudsman.

Toby Perkins met with Jade and Ralphie to better understand their situation and has now written to Derbyshire County Council to call for action.

He said: “It is deeply concerning that Ralphie has spent six months out of education and is still without a clear plan for accessing the full-time education and support he needs.

“Every child deserves the opportunity to learn, develop and reach their potential. For a child with complex needs, it is particularly important that the support set out in their EHC Plan is delivered and that they have a school placement that can meet their needs.

“Like many other parents in Derbyshire, Jade has been let down by Derbyshire County Council and is having to fight for the education her son deserves. An Ofsted inspection in 2024 was damning for the council and showed that they are failing local children. It is worrying that these issues are still occurring.

“I have written to Derbyshire County Council to seek urgent answers about whether Ralphie’s current part-time timetable is appropriate, how the provision specified in his EHCP is being delivered, and what action is being taken to secure a suitable full-time placement.

“The complaints process and the Ombudsman’s consideration of the case must be allowed to run their course, but DCC need to urgently answer what is being done now to ensure Ralphie receives the education and support he needs.

“The government has made reform to the special needs regime a key priority, but it does require local authorities like Derbyshire to operate within the current legal requirements whilst those reforms are being consulted on and negotiated, as too many SEND children are missing out on the education that is their right.

“Jade and Ralphie deserve clear answers and a proper plan for getting him into full-time education.”

Derbyshire County Council did not wish to provide a comment on Ralphie’s specific case but issued a more generic statement on SEND services in response to Jade’s complaints.

A council spokesperson said: “Derbyshire County Council is taking action to improve families’ experiences by addressing delays, strengthening communication and increasing accountability.

“This includes recruiting additional staff, developing more specialist placements and provision, improving engagement with families, and enhancing the monitoring of Education, Health and Care Plan performance.”