Overview:

Key to names used

• Mr X The complainant
• Y His child

Summary

Education – Special educational needs (SEN) assessments and reviews The Council took more than 72 weeks to issue an Education, Health and Care (EHC) Plan for Mr X's child, Y. It should have completed this in 20 weeks. As a result, Mr X was caused uncertainty about whether Y could have started at their preferred school a year sooner if not for the fault. The family have also been caused a prolonged period of frustration. The Council’s lack of educational psychologists has already significantly delayed many families in obtaining EHC Plans. However, once the Council receives the educational psychology advice it needs, it is still routinely taking more than 7 months to finalise EHC Plans. This is significant drift and delay by this Council affecting hundreds of its children and young people with special educational needs.

Finding

Fault found causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

To remedy the injustice caused to Mr X and Y, within one month of the date of this report, we recommend the Council:

• apologise to Mr X for the injustice caused by the faults in this case. We publish Guidance on Remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology we have recommended in our findings;

• pay Mr X £1,000 to reflect the frustration and uncertainty caused by the Council’s service failure and drift and delay; and

• highlight on its relevant webpages for EHC needs assessments, how long it is currently taking to assess children and young people for EHC Plans, so that parents and carers are better prepared for these significant delays.

Within three months of the date of this report, we also recommend the Council:

• provide an action plan showing how it will improve its timeliness in issuing EHC Plans once the educational psychology reports are received; and

• investigate what led to its poor communication in this case and set out action to improve its communication systems with families whose children are on its waiting list for EHC Plans.

The Council has agreed to all the recommendations.

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