Bexley Council has agreed to pay a family £2,900 following an investigation that found the authority mishandled a child's special educational needs (SEN) provision. The payment includes a £200 symbolic sum and £2,700 for lost educational provision, as detailed in a Local Government & Social Care Ombudsman report.
Background of the complaint
The parents, referred to as Mr and Mrs X, complained about the council's handling of their child's education, health and care plan (EHCP). Their child, identified as C, has special educational needs. The ombudsman found fault in the council's actions, including avoidable delays and unforced errors, which caused distress and a loss of educational provision.
Following a tribunal in 2024, C's EHCP was amended, but the parents immediately contacted the council, saying it had not been updated properly. This led to a delay in issuing the correct funding needed for their child's SEN provision.
Repeated errors and delays
Over the following two months, the council and the couple exchanged numerous communications to establish a personal budget. At one point, they received two different personal budgets from two different council officers on the same day. The council issued another EHCP five weeks after the initial one and eventually acknowledged it had not communicated effectively.
The council offered monthly meetings and an independent mediator, and signposted the family to the ombudsman. A third EHCP was issued five weeks later, with money sent to the couple about two weeks after that, but the parents said they had not agreed on a budget and the payment's purpose was not explained.
Ongoing issues and ombudsman findings
Correspondence continued into 2025, with the parents reporting omissions and errors. An annual review of C's EHCP took place in 2025, and the couple complained again about the council's failure to produce a correct personal budget and delays in completing the review. Specific issues included insufficient funding for weekly resource boxes and omission of funding for added tutor hours in the 2025 EHCP.
Bexley Council upheld the complaint about omitting tutor funding, apologised, and issued a corrected budget. However, it argued its resource box provision was sufficient. The ombudsman found fault in the initial 2024 EHCP and subsequent budget errors, noting C missed out on occupational therapy and added tuition hours due to the problems.
The council was ordered to send a written apology and make the payments. Bexley Council has been approached for comment.
