Central Bedfordshire Council to pay £450 to mum after failing child with special needs

The mother complained Central Bedfordshire Council failed to issue her daughter, with an education, health, and care plan (EHCP) within statutory timescales, and to progress actions within a tribunal order timeframe.

It also failed to ensure her daughter received suitable education between March and May 2025, and to communicate properly with the mother, according to a local government watchdog.

“The child missed education during an important school year, while her mental health deteriorated, causing the family a great deal of stress and financial strain,” explained a local government and social care ombudsman’s report.

“The mother is unhappy it took the council 30 weeks to issue the EHCP and not the statutory 20 weeks. The tribunal findings noted there was a need for a comprehensive evaluation by an educational psychology, including a cognitive assessment, and possibly an occupational therapy appraisal.

“The appeal was allowed, with the order stating the council ‘must secure an EHC needs assessment for the daughter’. CBC accepts there was a delay notifying her of its intention to organise an education, health, and care (EHC) needs assessment when it received the tribunal order.

“The council had to tell the mother within two weeks that it would make an assessment and send the final EHCP to her within 14 weeks of the date of the order. CBC accepted it failed to tell the mother of its decision to make an assessment in January 2025. It delayed doing so by about three weeks.

“This was fault and caused the mother an injustice. She suffered uncertainty and some frustration. The council’s argument is there were exceptional circumstances for the delay issuing the final EHCP.

“On balance, I’m not satisfied because the evidence the mother sent shows the delay arranging an appointment with the educational psychologists was because the first one was relocating and the second became ill.

“I’m satisfied CBC missed the 14-week period from the date of the tribunal order to issue the final plan. It should have been issued by 17th April and wasn’t until 5th August, about four months later. This caused her uncertainty, frustration, and delayed her right of appeal.”

In its stage two response, the council explained that tutoring through medical needs service was withdrawn when the final EHCP was issued, said the report. “This service is intended to provide interim education where a child is unable to attend school because of health needs.

“CBC suggested the problem was the reintegration planning and support wasn’t implemented by the named school. It accepted this meant the daughter didn’t receive consistent education for a period, but didn’t accept this was a failure by the council.

“There was no final EHCP from March to May. The mother received several emails telling her section 19 provision was time limited. On balance, I found fault on this complaint.

“There was no evidence of CBC arranging a proper review of this provision and considering whether the child still had a need for it. I’m satisfied this fault caused injustice to the mother and daughter.”

The mother complained there were too many officer changes, and responses it sent her were clearly ‘standard’ replies, added the report. “CBC accepted there were three EHC coordinators because of staff turnover at the start of the needs assessment process. I also found fault on this complaint based on the council’s acceptance about poor communication.

“CBC agreed to send the mother a written apology and pay her £450 for the injustice caused by the identified fault,”