Family given compensation over EHC plan delays

A watchdog found North Yorkshire Council's failings caused "avoidable distress" to a family

A family is set to receive nearly £2,000 in compensation from a council for causing them "avoidable distress" over delays to their son's educational support.

The Local Government and Social Care Ombudsman found significant delays in North Yorkshire Council finalising an education, health and care plan (EHC), which local authorities are required to put together for children who need them.

A report by the watchdog ruled that the family had suffered "injustice" as a result of faults within the process.

The council said it did not wish to comment on the findings.

The ombudsman's investigation found council officers failed to attend two mediation sessions with the child's mother, whose identity was anonymised in its report, to discuss the EHC in 2023.

Although the first meeting was missed due to staff illness, the council was unable to explain its absence from the second.

The report said there was a delay of seven months between a draft version of the plan being sent to her and the plan being finalised.

There was then a further delay of 21 weeks after a review of the plan in December 2023 before it was finalised again, according to the ombudsman.

The report said this caused her a "significant period of uncertainty and frustration".

It added that her "frustration was exacerbated by the delays that followed the review after the council had said it would take action to improve its service".

Although the local authority offered the family £400 in compensation, the regulator said this did not "adequately" reflect the injustice they had suffered.

The ombudsman ruled they should be given £1,950 to reflect the delays, the council's failure to attend the mediation sessions and the "general lack of communication".

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