Buckinghamshire brothers with special educational needs were left without the speech and language therapy they were legally entitled to for more than a year - because Buckinghamshire Council failed to make sure it was in place.

During an investigation by the Local Government and Social Care Ombudsman into the case, the Ombudsman found up to 400 other children were also potentially affected by delays.

In the siblings’ cases, one brother missed more than half the speech and language therapy, and almost all of the occupational therapy, which his Education, Health and Care (EHC) plan entitled him to between September 2023 and December 2024.

His brother also went without his speech and language therapy, and the council repeatedly delayed updating his plan, meaning his mother had no legal right to challenge the level of support he was getting.

The Ombudsman found the problems were partly due to the council's therapy provider ending its contract with a sub-contractor in early 2024 - potentially affecting nearly 400 children across Buckinghamshire.

The Ombudsman’s investigation found the council failed to properly consider the impact of withdrawing the contract, had no back-up plan, and failed to step in to ensure those children still got the help they were owed quickly enough.

Mrs Amerdeep Clarke, Local Government and Social Care Ombudsman, said:

"These are not simply cases of two children falling between the cracks of an overstretched service. Instead the council made wholescale changes to the way it provided support without ensuring it could meet the needs of these children and many others.

“Buckinghamshire Council did not do enough when it identified clear warning signs that the therapy hundreds of children and young people needed could not be delivered at the agreed level.

“Every child with an EHC Plan has a legal entitlement to the support set out in it. This case highlights what can go wrong when councils do not exercise sufficient oversight of the services they commission.

“When a provider struggles to meet demand, it is the council's responsibility to step in - not to wait and hope the situation improves.

“I welcome Buckinghamshire Council's agreement to make the service improvements I have recommended, and I hope this report serves as a reminder to councils across the country of their duties to children with SEND.”

The Local Government and Social Care Ombudsman remedies injustice and shares learning from investigations to help improve public, and adult social care, services. In this case the council has agreed to apologise to the boys’ mother and pay a symbolic £1,000 to recognise what has gone wrong.

The Ombudsman has the power to make recommendations to improve processes for the wider public. In this case the council has agreed to create a plan to show how it will address any shortfall in the needs of children and young people with EHC Plans whose needs are not currently being met through the therapy service.

It will also develop a protocol for cases where the therapy service cannot deliver provision in line with a child’s EHC plan.

 

 

Article date: 05 March 2026