Bucks Council makes another payout linked to late education plans

Education, Health and Care Plans (EHCPs) are legal documents created by councils to outline the support, a child or young person, with special educational needs (SEN) should receive at school or college.

Local authorities are required to complete the EHCP process within 20 weeks of a request being made.

However, in the latest case, Buckinghamshire Council failed to meet this deadline for a child referred to as Y, after their mother referred to as, Mrs X, requested an assessment on March 21, 2024.

The council accepted that it had not completed the process on time and blamed the delay on a shortage of educational psychologists – a key part of the EHCP assessment process.

The Local Government and Social Care Ombudsman upheld Mrs X’s complaint and said the council had been at fault for failing to complete the assessment within statutory timescales.

The watchdog’s final decision from the end of March has just been published – publication is typically delayed by several weeks, said: “Although we recognise the national shortage of EPs, the failure to complete the EHC needs assessment within the required timeframe is fault.”

It added: “The council agreed to resolve the complaint early by apologising to Mrs X and making a payment to acknowledge the frustration and uncertainty caused.”

If the council ultimately decides not to issue an EHCP, it has agreed to pay Mrs X £100 for every month of delay from July 11, 2024, until a final decision is sent. If a plan is issued, the payment will be calculated from August 8, 2024.

The Ombudsman confirmed that the council is already taking steps to address the shortage of educational psychologists, which is affecting its ability to meet legal deadlines.

The decision comes as Buckinghamshire Council continues to face pressure over a backlog of EHCP cases, with several families previously receiving apologies and financial remedies for similar delays.