A Croydon mother experienced significant distress after the local authority missed a crucial legal deadline concerning her autistic son's vital support plan, a watchdog has ruled.
Watchdog Investigation into EHCP Handling
The Local Government and Social Care Ombudsman (LGSCO) investigated a complaint from a parent, referred to as Miss X, regarding Croydon Council's handling of a review for her son's Education, Health and Care Plan (EHCP).
An EHCP is a legally binding document that outlines the specific support children with special educational needs must receive, and councils are required to review these plans regularly.
Miss X's son, known as Y, had his EHCP first issued in December 2023. It recognised his autism diagnosis and stipulated support including teaching assistants, help from an emotional literacy assistant, mentoring, and access to social skills groups.
Timeline of Events and Council's Delayed Decision
In March 2024, Miss X raised concerns with the council about her son's lack of progress. The council responded promptly, suggesting a meeting.
The situation escalated when Y was temporarily excluded from school in June 2024. Miss X believed the EHCP was not being properly followed, prompting the council to arrange an emergency review later that same month.
Following this review, Croydon Council issued its final decision on 28 August 2024, concluding the EHCP did not need amending. However, the Ombudsman found this decision was issued outside the legally required four-week timeframe, constituting a fault.
Miss X had declined a proposed alternative school setting, and her son subsequently received online home tuition from July 2024 until the end of the school year.
Ombudsman's Ruling and Council's Response
While the Ombudsman found no fault with the council's overall actions regarding the EHCP's content or the educational provision ensured, it ruled the delay in communicating the decision caused "avoidable distress" to Miss X.
As a result, the watchdog ordered Croydon Council to apologise to the mother and to improve its procedures for monitoring EHCP review reports to prevent future delays.
The council has accepted the findings. A spokesperson stated they were pleased the Ombudsman found no fault with their substantive decisions and efforts, but acknowledged the delay. They confirmed an apology has been issued and monitoring processes reviewed.
This case unfolds against a backdrop of soaring demand for EHCPs. Government data shows 97,700 new plans were issued nationally in 2024, a sharp increase of 15.8% from the previous year.
