FAILINGS in an investigation conducted by Scottish Borders Council into allegations that a child with additional support needs was bullied by staff at school amounted to “maladministration”.

That is the damning conclusion of the Scottish Public Services Ombudsman (SPSO) in a report upholding two complaints by the child’s parents, referred to as Mr and Mrs C.

Before going to the watchdog, the couple had complained to the council over the alleged treatment their child, who has attention deficit hyperactivity disorder (ADHD), had received from the head teacher and another teacher.

The school has not been named to protect the anonymity of the family.

Summarising the background to the case, the SPSO states: “Mr and Mrs C were concerned this [condition] was not being properly taken into account by the school.

“The council investigated but concluded there was no evidence to support Mr and Mrs C’s concerns about unfair treatment and bullying by staff.

“Mr and Mrs C said this investigation was not impartial and complained [to the council] about how it had been carried out. The council did not respond to this complaint.

“During our consideration of these complaints, the council wrote to us and acknowledged a number of issues with their original investigation and their response to Mr and Mrs C’s complaints.

“They [the council] identified five recommendations they were taking forward as a result of their review of the case.

“The council also advised that Mr and Mrs C’s later complaint about how the council’s investigation had been carried out had not been responded to appropriately.

“We consider that the failings identified in the council’s investigation amounted to maladministration and we upheld both of Mr and Mrs C’s complaints.”

In its own set of recommendations, the SPSO says the council should give a written apology to the couple and should carry out checks at the school to ensure appropriate support strategy records are maintained for pupils with ADHD.

The watchdog also demands that staff are made aware of the importance of their “tone and use of language” in case notes and correspondence.

A spokesperson for the council said this week the SPSO recommendations had now been implemented and that a letter of apology had been sent to Mr and Mrs C last month.

With regard to the five recommendations which the council itself identified during the watchdog investigation, The spokesperson said three of its five own recommendations these had been completed and the remaining two were “currently being addressed”.