Central Bedfordshire Council ordered to pay £1,300 after failing pupil with special educational needs

The authority apologised to the parent whose son has special educational needs and disabilities (SEND) paying a further £300, having already paid £1,000 compensation.

The mother said Central Bedfordshire Council failed in its duties to her son, who has an education health and care plan (EHCP), according to the local government and social care ombudsman.

We found fault in its delays to issue his amended EHCP, after an annual review in June 2022, and in its inadequate communication with her, said the ombudsman.

“We also found fault with CBC’s failure to arrange respite services for him from June 2023. These faults caused uncertainty and distress.

“We don’t propose to find fault in the way CBC handled alternative provision for him. Some of the issues the mother complained about were or could have been appealed to the SEND tribunal or were linked to her appeal.

“She complained about CBC’s services for her son, saying it failed to:

• comply with its duties when issuing the EHCP;
• adhere to the timescales for annual review in 2022;
• secure full-time education for him;
• find a specialist school placement for him;
• make sure all educational provision was delivered without parental involvement;
• ensure continuation of his provision during holidays;
• secure updated professional reports for him;
• deliver 12 hours of respite provision;
• and adequately communicate with her.

“This meant he hasn’t received enough support when he was out of school. This had a negative impact on her as she couldn’t return to work, socialise with family and friends, undertake education or training and manage day-to-day tasks.

“Her physical and mental health was badly affected, as well as the family’s financial situation.”

CBC told her it would amend his EHCP after the review in 2022, and issued his final plan in October 2023, explained the report.

“The mother had complained to CBC in September 2023 saying it failed to adequately communicate with her, adhere to the annual review timescales and agree a suitable education otherwise than at school (EOTAS) package for her son.

“In response, CBC said it failed to issue his EHCP because it was waiting for updated educational psychology advice. CBC provided its stage two response at the end of November offering a payment of £1,000, which she accepted.

“The council should have issued an amended EHCP by the end of August 2022. The delay of nearly 14 months is fault and it caused significant injustice to the mother and her son. CBC told us the delay was caused by the difficulty in getting him assessed because of his anxiety. This explanation isn’t convincing.

“We don’t find fault in the way CBC carried out its duties to provide him with education and support him through his EHCP. If during the appeal the SEND tribunal decides he needs an EOTAS package, it would consider the extent of tutoring.

“Although CBC regularly communicated with her about his education and social care, I find it failed to provide her enough advice on the reasons for its position.”

CBC agreed to apologise, make a symbolic £300 payment for her distress and to make some service improvements, added the report.