Central Beds Council fined £300 over delay in SEND pupil’s education, health and care plan

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Central Bedfordshire Council has been fined £300 for delaying an annual review and issuing SEND pupil's education, health and care plan.

The council “wasn’t at fault” in how it arranged tuition for a Central Bedfordshire pupil with special educational needs and disabilities (SEND), but “was at fault” for delaying an annual review of his education, health and care plan (EHCP), according to a local government watchdog.

Central Bedfordshire Council failed to secure the special educational provision in the EHCP, which caused him significant distress and to become very isolated, as well as impacting on his mental health, said the local government and social care ombudsman’s report.

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It stated: “He started struggling to attend school several years ago. CBC issued its decision to amend his EHCP In March 2022, after an annual review meeting. The amended final plan was issued in November of that year.

Central Beds Council has been fined £300Central Beds Council has been fined £300
Central Beds Council has been fined £300

“He was receiving ten hours of council-funded tuition per week, at that time, and attended farm therapy once a week for two hours. The tuition was paused at the end of the year.

“His school attempted to reintegrate him In January 2023 by arranging for a part-time twice a week attendance. He never attended and his parents said they were worried about him being bullied. The complainant suggested the school didn’t arrange the reintegration by the correct procedure, which is why it failed.

“An annual review meeting on CBC’s behalf was held in May 2023, with the council deciding to amend his EHCP in August and issuing it in October. An educational placement was identified which would accept him,” explained the report.

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“The complainant appealed to the SEND Tribunal about the initial placement named and the special educational provision in the amended EHCP. He failed to receive this full provision from October 2023 onwards, as he didn’t attend the named school.

“CBC halted his tuition in January 2023, which appears to be because his school was attempting to reintegrate him into class. The council wasn’t at fault for this.

“Given the length of time he’d been out of formal education, it’s likely he’d have struggled with the ten hours of tutoring and attending school. He never went and the tuition restarted at ten hours per week, alongside the farm school.

“The reintegration failed in part because his mother and the complainant were concerned about peer bullying, despite reassurance from the school. The duty on CBC was to ‘secure’ the special educational provision, not deliver it.

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“A second annual review meeting should have been held by February 2023, while CBC should have amended the EHCP no later than March and issued it by May. That didn’t happen,” added the report.

“This delay was fault and caused the complainant avoidable frustration, particularly as his right of appeal to the SEND Tribunal was hindered. CBC didn’t start to consult with possible new schools until September and October 2023.

“One of the schools responded to say it was full and three said they couldn’t admit him without impacting on the efficient education of other children. Without the delay, one of those four schools may have had space for him.

“CBC will apologise to the complainant for the upset and uncertainty suffered, and pay him £300 in recognition of his injustice.”

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