A mother from Lambeth has been awarded £7,000 in compensation after the local council failed to provide her son with months of essential occupational therapy.
The payment was ordered by the Local Government and Social Care Ombudsman (LGSCO) following a complaint about Lambeth Council's failure to act on a tribunal ruling regarding the boy's Education, Health and Care Plan (EHCP).
Chronology of a Failed Provision
The case concerns a boy, referred to as Y in the official report, who stopped attending school in late 2021. After moving to home tuition in early 2022, the council reviewed his EHCP. However, his mother, known as Mrs X, appealed to a tribunal regarding the provisions.
On 4 December 2023, the tribunal issued a decisive ruling. It required amendments to the EHCP and stipulated that Y must start receiving occupational therapy immediately. The order explicitly allowed for private therapy to be arranged due to potential NHS waiting lists.
Despite this clear instruction, the council failed to deliver the therapy. The Ombudsman's investigation covered the period from December 2023 to February 2025, during which the boy missed out on this crucial support.
Council's Response and Further Failures
Mrs X complained that the council had taken no action following the tribunal's order and had failed to follow its own complaints procedure. She stated that this institutional failure negatively impacted her son's mental health and caused her significant, avoidable distress.
In its defence, the council stated it had consulted with several schools between February and April 2024 to find a placement for Y, though none were successful. It also claimed to have arranged a support package including tuition and speech therapy.
However, the Ombudsman found this response inadequate. The investigation concluded there was clear fault in the council's failure to provide the ordered occupational therapy without delay, despite its assurances.
Resolution and Lessons Learned
In addition to the £7,000 payment for the missed provision and the distress caused, Lambeth Council was ordered to pay a further £150 in recognition of the time and trouble expended by Mrs X.
A Lambeth Council spokesperson said: "We fully accept the findings from the LGSCO and have apologised to the woman and her son for failing to deliver some of the provisions set out in the EHCP."
The council has committed to commissioning the outstanding therapy and reinforcing with staff the importance of adhering to complaints procedures. They stated they are determined to learn from this case to improve services for all residents in the future.
