A UK Government body has warned of a ‘crisis’ over delays in issuing education, health and care (EHC) plans.
The Local Government and Social Care Ombudsman criticised councils and the Government over the delays.
Nigel Ellis, the Local Government and Social Care Ombudsman chief executive, blamed a lack of planning for the crisis
It said the holdups were because too few educational psychologists were undergoing training. It also said there was a shortage of speech therapists and occupational therapists.
Significant impact
The Ombudsman said the shortage of educational psychologists was having a significant impact. It was harming councils’ ability to set out the needs of children with special educational needs and disabilities (SEND).
That’s because EHC plans are legally binding documents that describe a child or young person’s special educational, health and social care needs.
Nigel Ellis is the Local Government and Social Care Ombudsman Chief Executive.
Crisis 10 years in the making
He said: “This crisis has been 10 years in the making. Both councils and the government could have anticipated the issues and planned for the future, when the Children and Families Act was brought in and demand for EHC Plans started to increase.”
He continued: “Educational psychologists cannot be trained overnight and so this situation will not be resolved without significant input on a national scale.
“The focus on educational psychologist training in the Government’s SEND and Alternative Provision Plan of March 2023 is important, but needs to be implemented at pace and supported by the funding needed to make a difference to young people.”
Clear obligation
He added: “Councils have a clear obligation to complete the EHC Plan process within the statutory timescales, and while we do have some sympathy for their recruitment and retention problems, we will find fault where cases are outside those timescales.”
The Ombudsman was highlighting the recruitment difficulties councils face in a report on a complaint from a Surrey family.
There were significant delays when the family tried to get an EHC Plan put in place for their autistic daughter.
During the Ombudsman’s investigation, Surrey County Council said it had a backlog of around 1,000 EHC needs assessments awaiting input from an educational psychologist.
The council blamed a national shortage of qualified psychologists and other key professionals who informed the EHC Plan process.
Nine-month delay for final plan
In the Surrey family’s case, there was a delay of 37 weeks to produce an educational psychologist report for the girl. It should have only taken six weeks.
There was a nine-month delay to issue the girl’s final plan.
The girl was left attending taster day sessions at schools she felt were not suitable for her, which she found distressing. The family as a whole felt frustrated.
Nigel Ellis said: “Sadly, the situation in Surrey is far from unique. We are increasingly seeing cases where, despite best efforts, councils do not have the specialist advisors they need to keep on top of caseloads”.
In this case, the council agreed to apologise to the mother and pay her £1,000 for the injustice caused by its failings.
Related:
- Warning to councils to deliver therapies
- Councils warned not to delay EHC plans
- Ombudsman slams council’s behaviour
- Councils dodge duty to specify support
- Council pushed into paying for transport
- Mum wins compensation over education
- Ombudsman slams service provider
- Councils told to meet educational duties
Published: 11 March 2024
