Central Beds Council pays out £600 to mum of child with special education needs after problems and delays
The mother of a Central Bedfordshire child with special educational needs is to be paid £600 by the local authority, which must apologise to her after issues and delays around her daughter’s education.
She complained Central Bedfordshire Council delayed completing the steps it should follow after annual reviews, and wrongly tried to end her daughter’s alternative provision without discussion, according to a local government watchdog’s report.
This caused the mother and her daughter distress and uncertainty, said the local government and social care ombudsman. “The delays followed an annual review of her daughter’s education, health and care plan (EHCP) in March 2024.
“CBC consulted schools which weren’t suitable for her daughter and regularly contacted her late on a Friday to tell her about decisions when she couldn’t speak to officers until after the weekend.
“She claims the council’s actions have had a negative impact on her daughter’s and her own mental health. The daughter was receiving some alternative provision, which her assigned school had put in place for her.
“The mother says CBC didn’t issue an EHCP amendment notice and failed to tell her it had any concerns about an annual review in March 2024 until August 2024.
“Although the council identified issues with the annual review paperwork in May 2024, it didn’t hold another one until September 2024. Failure to tell her about the issues with the first annual review and delay holding the second annual review is fault.
“The council accepts it then delayed amending the EHCP and in issuing a final plan. Those delays are fault. The wait in issuing the final plan delayed her appeal right.”
She was particularly concerned because she told the council repeatedly the alternative provision in place was the only education with which her daughter had engaged, explained the report. “But I can’t criticise CBC for reviewing the alternative provision package.
“Had the council complied with the timescales, it’s possible the plans for her daughter’s education in 2025 would have been resolved earlier. When CBC consulted a school in December 2024, it didn’t tell her. That’s also fault.
“I’ve seen nothing in the documentary evidence to suggest CBC tried to force her daughter to attend another school after the placement at her original one broke down. The evidence satisfies me the council extended the alternative provision in place, until it identified a suitable placement from September 2025.
“Despite asking CBC to consult another school repeatedly, it failed to do so and there weren’t any places available by the time it consulted the school. The code of practice is clear that the council should consider a request to consult a school that doesn’t have section 41 status, if the parent requests it. Failure to do this is fault.
“I’m not satisfied the council properly considered the alternative school before deciding not to consult. That’s fault. Once this school gained section 41 status, CBC delayed consulting it. That’s also fault.”
Documentary evidence shows a gap between most panel meetings taking place and the council telling her about panel decisions, added the report. “I’d expect CBC to consider whether it was appropriate to contact her about the decisions late on a Thursday or Friday. Failure to do that is fault.
“The council has agreed to apologise to her and her daughter for the distress, uncertainty and frustration experienced, and pay the mother £600.”