'Distress' over education plan delay

The council agreed that its communications with Ms X had been poor

The parent of a child with special educational needs suffered "frustration and distress" after their education plan was "significantly delayed", an ombudsman has ruled.

An investigation found it took Slough Borough Council 41 weeks and six days to issue an Education, Health and Care Plan (EHCP) for a child, referred to as G.

The Local Government and Social Care Ombudsman told it to pay £500 to the parent for the "uncertainty and frustrated appeal rights" caused.

The Local Democracy Reporting Service has approached the council for comment.

G has a neurodevelopmental condition, mental health issues and challenges with communicating.

They were home schooled for several years while his mother - referred to as Ms X struggled to get an EHCP, which sets out a child's needs and what arrangements should be made to meet them.

After Ms X appealed to the SEND Tribunal, the council was ordered to issue an EHC plan for G in December 2023, as well to consider "in good time" a suitable secondary school placement for G to start in September 2024.

The council failed to issue the EHCP within the five week limit. G was offered private tutoring until a placement was arranged, but Ms X declined.

The council then contacted schools in March 2024, 16 weeks after it was ordered to issue a EHC plan.

One secondary school - not the preferred one - agreed to have G start in September 2024.

In July, the council contacted Ms X about the placement, but she said she wanted to keep G back a year because of the amount of teaching they had missed out on.

The council rejected her request to start G in year six at a primary school in September 2024 instead, with the only comment saying "in general, placements out of year group are not evidence based", something the ombudsman called "poor record keeping".

Several months later, the council decided to keep G back a year.

In August 2024, the council agreed that its communications with Ms X had been poor after she complained about her experience.

However, the decision was not changed, and Ms X was told to appeal to the SEND Tribunal if she disagreed with the outcome.

After significant delays, an EHCP for G was issued in October last year. The secondary school chosen was not Ms X's preferred choice.

But the ombudsman's investigation found that the council had incorrectly recorded that the plan was sent to Ms X in August 2024.

Children's services ultimately got involved and the council agreed to keep G back a year, in primary school, for the remainder of the 2024/25 academic year.