A mother from Bromley has been awarded more than £3,000 by the council after her child missed an entire term of school due to delays in issuing a care plan. Bromley Council has faced criticism from the Local Government & Social Care Ombudsman for a significant delay in processing the child’s care plan, which took over seven months.
According to a recent report, Bromley Council received a request for an Education, Health and Care Plan (EHCP) for the child on January 25, 2023. The child, referred to as Y, transferred to a new school from February to May 2023, but this move proved unsuccessful, leaving her without a school placement. Y and her mother, identified as Mrs X, were abroad from May to September 2023.
The council learned of the failed school move in September. It was only in October 2023 that the decision was made to issue an EHCP, and schools were consulted in November and December. The plan was finally issued on January 12, 2024, nearly a year after the initial request. During this period, Y did not receive any education from September until the EHCP was finalized.
The ombudsman’s report criticized the council for its handling of the EHCP process, stating that it took 50 weeks to issue the plan instead of the required 20 weeks. The council argued that the delay was partly due to the 12 weeks Y was out of the country, claiming this should have been considered an exemption.
However, the ombudsman found no evidence that the council made any effort to contact the family during this period or inform them of any potential exemptions. The ombudsman also noted that the council failed to contact the school during the summer holidays, which further contributed to the delay.
Y began attending school again when the EHCP was issued in January 2024 but was soon withdrawn by her mother. The parent requested revisions to the plan in March, leading to the issuance of a new EHCP with a different school named.
The council has been instructed to pay Mrs X £3,150 for the frustration caused, the loss of education, and the delay in processing the EHCP. The ombudsman also recommended that the council apologize to the mother and review its procedures to ensure timely completion of EHCP assessments.
A Bromley Council spokesperson stated, “Bromley Council has fully cooperated with the Ombudsman’s investigation and agreed with the proposed actions. We have already implemented several of these changes as acknowledged by the Ombudsman.”
The spokesperson added, “The council is dedicated to providing high-quality education for all children in the borough. However, we sometimes face challenges with the resources available, both within the council and from external agencies. This is a common issue across local authorities supporting children with Special Educational Needs and Disabilities (SEND), as recognized by the Ombudsman’s reports.”