Bromley Council pays mum £1,000 over daughter's care plan

The authority was criticised in a recent Local Government & Social Care Ombudsman report for its poor communication while handling the annual reviews for a child’s Education, Health and Care plan (EHCP).

The report said the authority reviewed the daughter’s EHCP in early June 2022 as her mainstream school claimed they could no longer support her needs.

The council then reportedly told the mum, known as Miss X in the report, that it intended to amend the EHCP to ensure her daughter’s education provision was appropriate.

However a draft amended EHCP was not issued after the review in June.

Bromley Council was said to have contacted several schools in the area with numerous ones telling the authority in October and November they could not accommodate the child’s needs.

The ombudsman added that a final EHCP was never issued following this 2022 review and it was not until November 2023 that the council started searching for other schools again.

The mum reportedly told the council in October 2022 that she was removing her daughter, known as Y in the report, from school in order to home school her, based on the advice of a local information and advisory support service.

She added that she did this while waiting for a placement at a specialist school to become available.

A series of internal emails during November and December reportedly show the council was aware of this. Y’s SEN caseworker was also said to have told a council officer in December they were looking for a specialist placement for the child but that it may take some time to find one.

Miss X asked the council officer how to access the funding for her daughter’s EHCP while they were being home schooled, as she was unaware she was now responsible for financing Y’s education.

A caseworker said they would contact Miss X to inform her of this.

The authority acknowledged it did not fully consider its duties at this time such as checking how the child’s education would be delivered and checking Miss X was aware of her responsibilities.

Miss X reportedly asked the council to help with providing tuition for Y in March 2023 and for a further review of their EHCP. A senior coordinator then agreed to organise a meeting with Miss X and sent her further information and guidance while her daughter was being home schooled.

The ombudsman said in their report that the council did not fully consider this request in line with its guidance.

The authority reportedly held another EHCP review with Miss X in May 2023 in which the mum was given information about the support available to her while she was home educating. This included ways to access a household support fund and grocery vouchers.

The report added: “Miss X subsequently said in her complaint that she asked the council in this review meeting to consider an EOTAS [Education Otherwise than at School] package for Y’s EHCP. I have not seen any evidence of this request. The council accepted in its response to my enquiries, it could not locate the notes from the May 2023 review meeting.”

The mum complained to the council in August 2023 as it had still not found a school placement for Y.

She added that she was unaware that Y would not be provided with support while she was home schooling.

The council then held another review of Y’s EHCP in September 2023 in which the authority apologised for its poor communication while handling Y’s case.

It added that the mum’s previous caseworker had moved to another team.

It was agreed in late October that the council would provide 25 hours of tuition per week to Y. Miss X was also asked to complete an EOTAS proposal and send it to the council.

The authority sent Miss X an amended EHCP in December.

The ombudsman criticised Bromley Council’s conduct as the delays in issuing EHCPs meant Miss X could not appeal such decisions.

The authority also took a year to carry out further consultations with maintained schools, which Bromley Council reportedly knew was an outstanding consideration in finalising Y’s EHCP.

The authority was instructed to pay Miss X £1,000 to recognise the avoidable distress and uncertainty caused and given the education that her daughter missed, which equated to around half a term.

It was also told to finalise Y’s EHCP and give the mum the right to appeal.

A Bromley Council spokesperson told the Local Democracy Reporting Service: “Bromley Council had already acknowledged the difficulties it had faced in progressing this EHCP prior to the involvement of the ombudsman.

"It upheld the complaint, cooperated fully with the ombudsman’s investigation and agreed with the proposed remedial action.”

They added: “The council is committed to providing every child in its borough with the best possible education but sometimes struggles when the available resources, both from within the council and outside agencies, are insufficient to provide the service we would wish to the ever-growing numbers of families seeking support.

"This is the same for every other local authority across the country with responsibility for supporting children with SEND, as recognised by the ombudsman’s own data and reports.”