The duty on Local Authorities to ensure provision required by an EHC Plan is provided and to adhere to the statutory process following an Annual Review is well known. However, failures can happen for various reasons. As this case shows, such mistakes can be costly and lead to unfavourable publicity. Moreover, consistent failures can deprive a young person or child of suitable education over an extended period.
Background
Section F of a young person’s EHC Plan provided for a personal assistant. This was to provide weekday one-hour sessions in education and training, focusing on learning independent skills.
However, as the student entered Year 12 of her special school in the summer of 2021, an assistant was not provided. It appears that the council only initiated the search for a personal assistant around May 2023. This is despite repeated requests from parents.
Eventually, an assistant began working with the student in September 2023, two years after the provision was initially required. Due to this prolonged delay, the Local Government and Social Care Ombudsman noted that the young person was unable to attend her special school properly and lacked preparation for adulthood during this period.
The council had also chosen to maintain the EHC Plan without an amendment but failed to notify parents of this decision.
Decision
The Ombudsman ordered the council to issue a direct apology and pay £14,700 to the parents and young person. This amount reflected its failure to give “due regard to Miss K’s right to an education”, delay in responding to the family’s consistent complaints and distress caused. The Ombudsman also ordered the council to review the young person’s EHC Plan promptly and inform her parents of the outcome within the statutory time frame.
Practical Points
The problems experienced by the council are a valuable reminder to promptly consider and respond to parental concerns or complaints as appropriate. It also highlights how crucial preparation for adulthood is for young people with SEN. The teaching assistant was integral not only to the student’s development of skills, but access to education.