Apology after ‘uncertainty and distress’ caused by delays to pupil’s assessment

The issue, which is subject to a Local Government and Social Care Ombudsman (LGSO) report, involved delays to the council carrying out a review of the boy’s education, health and care plan, as he prepared to move from primary school to secondary school.

According to the ombudsman’s report, the council was three months late in completing the review, causing the family ‘uncertainty and distress’.

An East Sussex County Council spokesman said: “We accept the verdict of the ombudsman that the education, health and care plan for this child wasn’t completed as promptly as it should have been.

“We have apologised to the family and are happy to reiterate our apology to them for any uncertainty and distress caused as a result of this delay, and have agreed to make a payment to the family in recognition of this.

“We have taken action to ensure that assessments are completed in a timely way, particularly for children who are approaching a transition between key phases in their education.”

According to the ombudsman, the council began the EHC plan review in September 2018 – one year ahead of the boy’s move from primary to secondary school.

As part of this review, the council, in October 2018, commissioned an educational psychology assessment to see if the boy needed to attend a specialist SEN school.

However, the assessment was overlooked until January 2019, and wasn’t completed until the following March. This was three months after it was due, the ombudsman says.

The completed assessment said the boy should attend a special school but did not name which one. A further amended plan was issued on April 17, which named a special school.

The boy’s family did not agree with the findings of the review and appealed about the school named in the plan, as well as some other aspects of it.

They successfully appealed and in July an alternative school (referred to as a mainstream academy by the ombudsman) was named instead.

According to the family this late decision had an impact on the boy’s transition from primary to secondary school.

The family made its complaint to the ombudsman in August, before the council confirmed the boy would be starting at the school.

The ombudsman said: “I find that the delays did impact the transition planning. However, I do not consider that there is sufficient evidence for me to say that this did or did not have a negative impact on him starting secondary school.

“However, I do find that the council’s failure to undertake its assessment in a timely way, caused distress to the family, and leaves them not knowing what impact the delay may have had on [the boy’s] transition.”

The ombudsman said in these cases a symbolic payment is requested and suggested an amount of £150.

The council had apologised to the family prior to the ombudsman’s verdict, so was not asked to make a further apology by the ombudsman.

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