Somerset County Council pays compensation over education plan

The ombudsman found that Somerset County Council took "significantly longer" than national guidelines to prepare the education plan

Somerset County Council has been ordered to pay a family £500 after causing "distress and uncertainty" over a vulnerable young man's education.

His family applied for an education health care plan (EHCP) after the pupil was unable to attend school due to mental health issues.

An ombudsman ruled that the council took "significantly longer" than guidelines require to prepare the EHCP.

The council apologised and said improvements had been made.

After a delay in receiving an EHCP, the man's mother, referred to as Mrs X in the case, made a complaint to the Local Government and Social Care Ombudsman.

'Huge impact'

Mrs X said that the council had failed to make alternative provision so that her son, referred to as Mr Y, could continue to receive an education while struggling with his mental health.

She said that the delay had a "huge impact" on her son's behaviour and said the council had been "failing to support a vulnerable child", according to the Local Democracy Reporting Service (LDRS).

Under government legislation, local authorities must agree to assess a child's needs within six weeks of initial contact from the family, with the resulting EHCP then being issued within 20 weeks of the assessment.

In Mr Y's case, the council produced a draft plan in July 2020, but the final plan was not agreed until February 2021 and was not implemented until three months later.

'Significant improvements'

The ombudsman found that the council was at fault and ordered it to pay £500 compensation.

A spokesman for Somerset County Council said it accepted the ruling and action had been taken.

"We understand that the timeliness of issuing EHCPs is important and have prioritised this area of work.

"We have made significant improvements in this area and are now performing above the national average," the spokesman added.