Central Bedfordshire Council ordered to pay £500 after delay to student's education plan

A complaint was made on the student’s behalf about Central Bedfordshire Council’s failure to issue an amended final education health and care plan (EHCP) for her after the annual review, according to a local government watchdog.

“The complainant said this meant she didn’t receive suitable support,” according to a report from the local government and social care ombudsman.

“We found avoidable delay by CBC in completing the annual review,” explained the report. “We couldn’t say what support the EHCP should provide for her.

“As the council issued an amended final EHCP during our investigation, this gave her and the complainant legal appeal rights, including about the provision made for her special educational needs.

“But CBC’s delay denied them their right to appeal for about 20 months, causing them injustice. The delay in amending the EHCP in late 2022 negatively impacted her health and well-being.

“She was a young person attending a post-16 college. CBC provided SEN support for her academic studies. The college provided non-academic courses, one of which she took part in, although CBC said its SEN responsibilities didn’t cover support for that course.

“The council wrote to the complainant saying it intended to amend the EHCP about ten weeks after the meeting. CBC wrote shortly afterwards giving notice of the proposed changes to the EHCP. A final amended plan was issued 16 months later,” said the report.

“In responding to the ombudsman, CBC accepted the significant delay in issuing an amended final EHCP for her. CBC should have completed the review, issuing her amended final EHCP, within 12 weeks of the meeting whereas it took about 20 months. I found avoidable delay here, which was fault.

“The plan didn’t include SEN provision to support her participation in the course. But issuing the amended final EHCP gave them appeal rights to the tribunal about the SEN provision it contained.

“It was reasonable for them to use their appeal rights to challenge the EHCP’s lack of SEN provision for the course. But CBC’s avoidable delay denied them their opportunity to appeal to the tribunal for about 17 months. This would likely have been frustrating and distressing for them, which would be injustice.

“In responding to the ombudsman, CBC accepted the significant delay in issuing an amended final EHCP for her. CBC should have completed the review, issuing her amended final EHCP, within 12 weeks of the meeting whereas it took about 20 months.

“I found avoidable delay here, which was fault,” added the report. “The plan didn’t include SEN provision to support her participation in the course.”

CBC agreed to send a written apology to the complainant for the distress caused by the delay in completing the 2022 annual review of the EHCP, and to send a written apology and make a symbolic payment of £500 to the student to recognise the distress caused.