Bromley Council has apologised to a family and paid them £200 after an ombudsman found fault in its handling of a child’s Education, Health and Care Plan (EHCP) following the family’s move to the area. However, the Local Government & Social Care Ombudsman did not find fault in the council’s refusal to reimburse 10 months of home-to-school travel costs.
Five-month delay in processing EHCP after family move
The child, referred to as Y in the ombudsman report, had an EHCP first issued by another local authority in September 2019. The family moved to Bromley in March 2024, and Y’s father, named Mr X in the report, provided evidence that the previous council informed Bromley Council of the move at the end of that month.
Under the Special Educational Needs and Disability Regulations 2014, Bromley Council should have ensured Y was receiving the special educational provision set out in his EHCP by the third week of June 2024. However, the council did not process Y’s move-in paperwork until the second week of October 2024. Bromley issued its own EHCP for Y a month later, which included details of the council’s home-to-school transport policy, though Mr X said he was not aware of this element.
Travel costs claim rejected
In March 2025, Mr X applied for home-to-school transport for Y, which was approved by Bromley the following day. Transport began the following week, and the council also approved transport for the following academic year in advance. After that, Mr X requested reimbursement for transport costs incurred between May 2024 and March 2025, arguing he was not made aware of the policy or his right to apply for travel assistance. The council responded that Y was only eligible for transport following its assessment of Mr X’s application in March 2025.
After a failed appeal, the case was referred to the ombudsman, who agreed that the council was not liable for the transport costs before March 2025. The ombudsman’s report states: “In making its decision, the organisation took account of the relevant guidance, information from Mr X and its own policies. The council followed the appropriate procedures when making this decision and I cannot therefore criticise it.”
Ombudsman finds fault in delay, orders apology and payment
Although not part of Mr X’s original complaint, the ombudsman did find fault in how Bromley Council delayed processing Y’s EHCP paperwork by approximately five months after the move. The ombudsman said this delay caused the family “distress, frustration and uncertainty”. Mr X had told the ombudsman the council made him feel “abandoned, anxious and powerless” and that its actions “damaged his family’s wellbeing and stability”. He had wished for an apology, reimbursement of travel costs, and a symbolic payment.
The ombudsman ordered the council to apologise for the delay and to make a symbolic payment of £200 to Mr X. Bromley Council has been approached for comment.
