Central Beds Council apologises after delays to EHCP plan cause pupil's services to be withdrawn

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Central Bedfordshire Council (CBC) has recognised it was at fault over delays to an education, health and care plan (EHCP) for a pupil with special educational needs, and apologised after her father complained to a local government watchdog.

The father was unhappy that CBC children’s services’ social workers failed to attend the EHCP annual review, according to a local government and social care ombudsman’s report.

Some service provision within the EHCP was subsequently withdrawn, said the report. “The council accepted fault and provided redress to ensure the daughter received services outlined in her plan.

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“After the annual review of May 2023, the father and his wife complained CBC failed and delayed making proper arrangements for their daughter’s transition to adult social care.

Central Bedfordshire Council headquarters.Central Bedfordshire Council headquarters.
Central Bedfordshire Council headquarters.

“They were caused avoidable distress and frustration by having to pursue these complaints, and their daughter hasn’t been helped to develop her independent living skills, as required,” explained the ombudsman.

“The local authority investigated the complaints and accepted it had been at fault. Their main concern was that children’s services’ social workers didn’t attend the annual review to discuss the outcomes and provision in their daughter’s EHCP, and services were wrongly withdrawn.

“The council has four weeks to send the child’s parents its decision about the EHCP, and amendments must be done without delay. The daughter has a diagnosis of autism spectrum condition (ASC) and was classed by CBC children’s services as a child in need requiring regular reviews.

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“A special educational needs and disabilities (SEND) tribunal ordered for her to receive weekly singing lessons and a weekly session with a mentoring service to be arranged by social care.

“A finalised EHCP was issued in mid-March 2023, but discrepancies in the document meant a further finalised plan was issued at the end of that month,” added the report.

“There was a requirement for her to be referred to adult services for a care assessment. CBC children’s services said it had discharged her from its services, and didn’t attend the May review.

“The council agreed to amend the EHCP in June. The father complained in July there was no provision as required in her EHCP and asked for it to be provided and an apology.”

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CBC allocated a social worker from children’s services in July. The council says that the parents asked in August for the care assessment for transition to adult services to be delayed because their daughter had started on some new medication.

“In October, CBC accepted there were failings and apologised, offering £250 to the daughter and £100 for her father’s time and trouble,” said the ombudsman. “CBC says it was regrettable children’s services didn’t attend the review of May 2023, but apologised and made a symbolic payment.

“The parents stated issuing the EHCP sooner would have been better preparation for their daughter around her independent living skills. As a result of the complaint, CBC says children’s services continued with its provision until the end of March 2024 to make up for the earlier lost offering.

“CBC should have issued the final EHCP around September 2023, but it wasn’t provided until seven months later in April 2024. This amounts to fault and will have caused avoidable frustration.”

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