Council delay in processing EHCP left girl without support, ombudsman finds
Amy Houghton
Monday, July 4, 2022
Suffolk County Council failings led to a school girl with autism and hypermobility issues missing out on two years of vital occupational therapy, the local government and social care ombudsman (LGO) has found.
The council agreed to provide the therapy for the girl, who attended a mainstream primary school, in a draft education, health and care plan (EHCP) in February 2019 but did not complete a formal review of her support until January 2021.
Ombudsman Michael King found in his investigation into the delays that the EHCP was due to be processed in May 2019.
Despite the delays, the girl did receive some provision to help with her coordination difficulties and sensory overload until February 2020 when Covid-19 restrictions were implemented. The council then failed to reinstate her occupational therapy until February 2022, King’s report finds.
The council did not take steps to ensure the delivery of alternative provision when lockdown hit, it adds.
The child’s mother complained to the council on multiple occasions and each time was met with a different response and no definitive answer.
According to King, the council “wrongly believed it could delegate this duty to the girl’s school.”
“This long delay between therapy sessions has had a profound effect on the family,” said King, adding: “The girl has missed out on vital support: she has become distressed and has had to move schools. Her mother tells me she has experienced anxiety and distress knowing her daughter’s mental health was deteriorating.”
Following the investigation, King’s report recommends that the council apologise to the girl’s family and pay a total of £6,350 to compensate for the two-year delay in support and the distress caused.
It also suggests that the council organise staff training and review the EHCP processes to ensure that the plans are amended and issued within statutory timescales.
The ombudsman notes that Suffolk Council is currently altering its procedures around special educational needs and disabilities (SEND) following a 2021 review.
The review included similar issues apparent in this case and recommends changes including increased staff recruitment, an increased SEND budget, and extra special school places.
Responding to the ombudsman’s report, Allan Cadzow, corporate director for children and young people at Suffolk County Council, said: “We regret that we were not able to secure the provision for this child and are sorry for the distress this has caused.
“Lessons have been learnt from this report and we have begun to implement the recommendations made by the ombudsman.
“We recognise the challenges we face within Suffolk’s SEND provision and that is why we have embarked on a substantial and all-encompassing programme of reform. This is not an easy feat, especially against the backdrop of a troubled national system, however, we are confident in our plans and are steadfast in our determination to improve the way we do things.”
