A local authority failed in its legal duty by leaving an armed forces child without specialist education for five months, the Local Government and Social Care Ombudsman (LGSCO) has ruled.
Shropshire Council had been informed two months in advance that the child (Y), who had an education, health and care plan (EHCP) in place, would be moving to the area with his family.
Despite this, it failed to provide a school placement or arrange interim education when the family arrived in Shropshire in February 2025. The delay meant that Y did not receive educational provision between February and July of when he was in year 10, a time when children are preparing for their GCSE examinations.
Between January and the start of April 2025, Y had access to online education arranged by the family’s previous council. Y’s mother (Mrs X) said this was unsuitable and Y found it difficult to engage.
Mrs X asked Shropshire council for updates on getting the EHCP for her child transferred and his education organised. She made a complaint to the council in April setting out her numerous attempts to get Y’s EHCP transferred.
During an exchange of emails, Mrs X put forward her preferred settings. She raised concerns about her child’s lack of academic progress,= as he had been out of school for most of years nine and 10.
She made a stage 2 complaint in June. When she heard nothing, she got in touch with the LGSCO.
The Ministry of Defence reported that children with complex needs were frequently unable to find a school after a service-related move
While Y started school the following September, Shropshire, in its response to the second stage complaint, acknowledged its communication was inconsistent with Mrs X and no interim education had been arranged, leaving Y without this for a period of time. Furthermore, it should have done more to find interim provision while waiting for a school place.
The LGSCO in its report, published in June, noted that the transfer “should have been smooth and seamless for Y. Instead, it was poorly managed with ineffective liaison with the outgoing council”.
This was not in line with the government’s special educational needs and disability (SEND) code of practice, which aims to ensure that there are no gaps in education for children in military families.
Service families are frequently required to relocate at short notice, noted the ombudsman. It noted that there are “around six” military bases in Shropshire, a moderately high proportion, so the need to comply with the Armed Forces Covenant is “crucial” as “more local families are going to be disproportionately affected”.
The covenant places legal duties on public bodies concerning housing, education and healthcare. It stipulates that military families should not be disadvantaged compared with others regarding public services because of their “service-related lifestyle”.
The ombudsman recommended that, within three months of the date of the report, an apology be made as well as a payment of £3,000 to Mrs X to reflect the lack of special educational provision between February and July.
Review ordered
Shropshire was also required to carry out a review of its Armed Forces Covenant action plan for 2025-29 to ensure it implements changes to SEND procedures so that service children with SEND, both with and without EHCPs, do not experience education gaps when they move to the area.
Shropshire acknowledged the ombudsman’s findings, accepted its recommendations and apologised to Mrs X and Y.
“The council could and should have done more to ensure that [Y] received the educational provision in his EHCP between February and July 2025,” its statement said.
“The ombudsman’s report notes that the council has already acted to improve practice in this area. However, as the report recommends, we will be writing to Mrs X and Y to formally apologise, and making a payment to Mrs X to reflect Y’s missed special educational provision.”
The council added: “We are determined that this case will not be repeated and have already taken action. As the report acknowledges, the council has recently introduced a communication protocol for the [education, health and care] team, and we have recently delivered training on the Armed Forces Covenant to key staff.”
Children with complex needs were “frequently” unable to find a school after a service-related move, the Ministry of Defence reported in 2025. It reminded councils of their legal duties under the SEND code of practice and the Armed Forces Covenant.
Services children group
Nineteen councils are signed up to the Ministry of Defence Local Authority Partnership (MODLAP). under which they are “committed to work together to improve the experience and outcomes of children of UK armed forces families”.
The authorities in MODLAP are the areas with the highest numbers of service children in England. Shropshire is not a member.
Samantha Hale, a solicitor at HCB Widdows Mason, told Community Living that the law around what happens to an EHCP when a child moves home is the same for service children as it is for others.
“The local authority has to try their best to implement the plan. The idea is that, by informing the new local authority in advance of the move, a place can be lined up before the family even move,” she explains.
Hale add that her firm has been seeing cases like this for years.
In 2019, the LGSCO published guidance on the covenant to raise awareness of it among council staff. The Army Families Federation is working on a two-year programme to raise awareness of its duties.
The Armed Forces Bill, which is going through parliament, proposes to extend the legal duties within the Armed Forces Covenant so it will cover more services.
Maria Shahid is a freelance journalist
Case
Local Government and Social Care Ombudsman. Shropshire Council (25 006 308). 17 June 2026. https://www.lgo.org.uk/decisions/education/special-educational-needs/25-006-308
