Central Beds Council to pay £500 to mum of child with special needs over 'frustrating' delays
Central Bedfordshire Council to pay £500 and say sorry to mum over delays issuing a child’s education, health and care plan (EHCP) and completing an annual review.
She complained Central Bedfordshire Council breached statutory timescales, according to a local government watchdog.
The council’s delays caused avoidable annoyance and uncertainty, while frustrating her right to appeal to the special educational needs and disabilities (SEND) tribunal, said a local government and social care ombudsman’s report.
“The child was attending an alternative education provision setting. CBC held an annual review meeting to consider the content of the EHCP in January 2025.
“A record of the meeting shows the council intended to amend this plan, but the paperwork didn’t specify what the proposed amendments would be. She complained to the council in April, saying a written decision wasn’t issued after the annual review meeting confirming CBC would amend this plan.
“Any delay in confirming its decision and issuing an amended EHCP would frustrate her right to appeal to the SEND tribunal. CBC responded to her complaint in May, accepting it hadn’t issued a written decision after the annual review, thereby failing to comply with statutory timescales.
“The council said it would issue a draft plan as soon as possible, which it would use to consult with potential settings. Any placements would be approved by its decision panel and it would issue an amended final EHCP once she’d commented on the draft.
“CBC upheld her complaint, apologising for the distress caused. She then escalated the complaint, after not receiving the decision as promised.”
The council set out what should have happened, saying its written decision to amend the plan should have been issued by February 2025, and the amended final EHCP by April, explained the report.
“It sent her the proposed draft amendments in June, and she sent CBC her comments and amendments. It intended to send a further draft plan to her, while apologising and upholding her complaint.
“The local authority consulted with potential settings in August. CBC told her the following month its decision panel would shortly consider the placement and funding request, and then it could finalise the EHCP.
“In September, the council issued the amended final plan, naming a college as the setting. There was an overall wait of around five months in fully completing the review procedure and issuing the final plan. CBC is at fault for this delay.
“Its lengthy response didn’t affect the student’s attendance at the named college setting, or cause missed education provision. But the council’s delay caused them both avoidable frustration, which is an injustice.
“It also meant the parent didn’t receive her right to appeal CBC’s decisions about the EHCP content at the correct time.” The frustration arising from denying a timely appeal right is an injustice in itself, added the report.
“CBC has agreed to pay £500 to recognise the frustration and uncertainty caused by its delay and make a written apology to them for the faults and injustice caused.”