Bromley Council has agreed to pay a mother £11,660 after the Local Government & Social Care Ombudsman found it failed to provide her son with the educational and therapeutic support set out in his Education, Health and Care Plan (EHCP) for 20 months. The council has also accepted that its communication with the family “fell short of the standard families should expect”.
Ombudsman finds fault in EHCP provision and review
The Ombudsman’s investigation centred on a boy referred to as Mr Y, whose EHCP was last issued in September 2023. His mother, known as Miss X, contacted Bromley Council in late 2023 to request a tutor, but the support detailed in the plan was not provided. She made several further contacts during 2024 and asked for an urgent review in August 2024, but no action was taken.
In January 2025, Miss X lodged a formal complaint, stating that the council had ignored her requests and that her son had not received the support specified in his EHCP. The council apologised for its poor communication and promised to review the plan within four weeks. However, the review was not completed until May 2025, and the final amended EHCP was not issued until September 2025.
Council offers financial remedy for missed provision
The Ombudsman found that Bromley Council was at fault for failing to ensure Mr Y received the correct provision from January 2024 to August 2025—a period of 20 months. It also found fault with the council for not conducting the annual review of the EHCP in 2024, as required by law.
In response, the council offered Miss X monthly payments of £450 for the missed education, totalling £9,000 for the 20-month period. It also offered to remedy 36 sessions of missed therapeutic provision, valued at £2,160. In addition, the council paid £500 for the distress, frustration, and uncertainty caused to Miss X, bringing the total to £11,660.
Communication failures and complaint handling
The Ombudsman also criticised the council’s handling of Miss X’s January 2025 complaint. The council said it could not find evidence of the complaint, but the Ombudsman discovered a document titled “complaint regarding failure to provide adequate academic and mental health support” for Mr Y, to which the council had responded by agreeing to review the EHCP. However, there was no evidence that the council responded directly to Miss X.
Bromley Council has been approached for comment. The Ombudsman’s findings highlight the importance of councils adhering to EHCP requirements and maintaining clear communication with families, as failures can lead to significant financial remedies and prolonged distress for those affected.
