Central Bedfordshire Council ordered to pay almost £5k to mum after failing child with special needs

The local authority failed to ensure he received the provision set out in his education, health and care plan (EHCP) from March 2022 to January 2023 and in a separate complaint from September 2022 to September 2023.

“There was fault in the way the council didn’t ensure he received any education or plan provision, didn’t follow the plan review process and didn’t fully consider her initial complaint”, according to the local government and social care ombudsman.

“He missed out on education and plan provision for two-and-a-half academic terms,” said the report. “CBC didn’t provide him with any education or plan provision until appeal rights to a tribunal were engaged, didn’t follow the plan review process and didn’t consider her second complaint.

“He missed out on education and plan provision for one academic term. His mother was distressed and impacted financially by the council’s actions on both occasions. CBC has agreed to apologise, make a financial payment and remind staff of the council’s responsibilities.

“Her son has complex extra needs. He found accessing school increasingly difficult. His school held a review of his EHCP in April 2022. The review confirmed he was struggling to attend school.

“It concluded his mother would like CBC to name an alternative school and recommended the plan be amended. The council issued a draft EHCP in June 2022, leaving the school selection blank.

“Her son stopped attending his school in September 2022. CBC started consulting with other schools in October 2022. No other school offered him a place.”

CBC issued his final EHCP in December 2022, naming his current school, rather than an alternative, explained the report. “When the local authority responded to her second complaint in July 2023, CBC said it wouldn’t consider that because of an active appeal she had to the SEND Tribunal.

“She wasn’t satisfied with the council’s response and asked us to investigate. In replying to the ombudsman’s inquiries, CBC stated there were delays in this case and it confirmed she didn’t appeal to the SEND tribunal.

“I’ve seen no evidence he received any of the provisions specified in his EHCP. This is fault and he missed provision specified in his plan from March 2022 until January 2023.

“CBC didn’t investigate the other complaint. It stated the mother had an active appeal to the SEND tribunal,” added the ombudsman. “The council has confirmed now this wasn’t correct. Not investigating the complaint is fault and this frustrated the parent.

“To remedy the injustice caused to them, CBC must apologise, pay her £3,000 for not providing any education or EHCP provision for two-and-a-half academic terms, and £300 for the time and trouble she spent pursuing the second complaint.

“CBC must also apologise over the initial complaint, pay her £1,200 for failing to ensure her son received any education or EHCP provision for one school term, which should be used for his benefit, and pay a further £300 for her time and trouble.”