Councils have been warned of the need to deliver therapies set out in children’s Education, Health and Care (EHC) plans.
Michael King, the Local Government and Social Care Ombudsman, issued the warning after finding that a Suffolk girl did not receive vital occupational therapy for nearly two years because of council confusion.
King said: “Councils have a duty to ensure therapies, as set out in children’s EHC plans, are delivered.”
The Suffolk girl, who has autism and hypermobility, attended a mainstream primary school with support.
The local council agreed that she needed occupational therapy (OT) to help with her co-ordination difficulties and sensory overload.
OT support agreed
The council agreed to include the OT support in a draft Education, Health and Care Plan (EHCP). This is the legal document setting out the girl’s needs and how the council should meet them.
The council wrote the draft EHC plan in February 2019. Although it never formalised this plan, it did provide the girl with some OT support until February 2020. It then stopped because of Covid-19 restrictions.
After that, the girl missed out on the therapy she needed for nearly two years until February 2022, when the council reinstated the OT.
The girl’s mother asked the Ombudsman to investigate.
Long delay in completing EHC plan review
The Ombudsman found the council delayed completing the review of the girl’s EHCP in 2019. It should have issued the final plan in May 2019, but did not do so until January 2021.
The Ombudsman also found the council did not take any action to seek an alternative provision for the girl when her OT (which was provided by the NHS) stopped. Instead, it wrongly believed it was the school’s responsibility to ensure the provision was in place.
As well as warning councils about their duty to ensure therapies detailed in EHC plans are delivered, King said: “I am concerned the council wrongly believed it could delegate this duty to the girl’s school.
“This long delay between therapy sessions has had a profound effect on the family. The girl has missed out on vital support: she has become distressed and has had to move schools. Her mother tells me she has experienced anxiety and distress knowing her daughter’s mental health was deteriorating.”
Compensation
The Ombudsman ruled that the council should apologise to the family. The council should also pay the family £550 to recognise the anxiety and uncertainty about the loss of provision and lost opportunity to appeal, and for the time and trouble in bringing the complaint.
It should also pay £1,800 to reflect the loss of potential OT support between September 2020 and January 2021, and £4,000 to recognise the loss of provision from January 2021 to February 2022.
The council is currently changing its procedures following an independent review of SEND services carried out in 2021. This highlighted some of the same issues arising in this complaint.
The Ombudsman recommended the council should arrange staff training, and review its processes to ensure it amends and issues EHC Plans in line with statutory timescales.
It should also ensure it has a way to check that it has arranged to provide the therapy from the start of a new or amended plan.
In addition, the council will review sources of therapy services and develop a plan to ensure it can commission therapies needed to support the EHC plans it maintains.
Related:
- Councils warned not to delay EHC plans
- Ombudsman slams council’s behaviour
- Parents urged to fight for therapy
- Judge rules training can go on to age 26
- Councils dodge duty to specify support
- Council pushed into paying for transport
- Mum wins compensation over education
Published: 30 July 2022
