Councils should avoid unnecessary delays when creating special educational needs support plans for children the Local Government and Social Care Ombudsman has warned, following an investigation into a complaint about Cornwall Council.

The report comes just months after the Ombudsman revealed it was upholding eight in 10 complaints it investigates about Education, Health and Care (EHC) plans.

In this particular case, a mother complained the council took too long to produce and amend an EHC plan for her son when he transferred from primary to mainstream secondary school. This resulted in the boy’s mother homeschooling her son, as the school had not put in place the support he needed.

The Ombudsman’s investigation found fault with the council for the way it carried out the transfer of the boy’s Statement of Special Educational Needs (Statement) to an EHC plan, in the ‘significant delay’ which occurred when completing the annual review of the boy’s plan and the severe delay in issuing the final amended EHC plan.

Michael King, Local Government and Social Care Ombudsman, said:

“Significant delay was one of the key issues in last year’s focus report and this is a prime example of the effect this can have on families when lengthy delays occur.

“Transfers from Statements to EHC plans must be carried out in a timely manner, and in line with Statutory Guidance. Councils should adhere to statutory time frames for EHC Plan processes.

“I’m pleased Cornwall Council has agreed to my recommendations, and hope the changes it will now make will ensure such significant delays are avoided in future.”

The delays completing the annual review and amending the EHC plan left the mother in a state of limbo for many months and postponed her appeal right to tribunal.

The Local Government and Social Care Ombudsman’s role is to remedy injustice and share learning from investigations to help improve public, and adult social care, services.

In this case the council has agreed to apologise to the mother and pay her £1,000 to acknowledge the distress and frustration caused by severe delay completing the Annual Review and amending an EHC plan.

The Ombudsman has the power to make recommendations to improve a council’s processes for the wider public. In this case the council has agreed to review how it audits compliance with time frames for EHC plan processes; and ensure appropriate action is taken on casework where there is significant overrun of statutory time frames.

Article date: 02 May 2018

2 May 2018

Ombudsman Peter Tyndall today welcomed Minister Michael Creed’s announcement that he will implement an Ombudsman recommendation that a Donegal family receive compensation of €245,570.  The announcement follows an initial refusal in 2009 by the then Department of Agriculture, Fisheries and Food to implement the recommendation. 

The Ombudsman’s recommendation came after the Department refused the family’s application under the state’s Lost At Sea scheme.  The application followed a fishing tragedy in which five people lost their lives, including the family’s father and his son.

The Lost At Sea scheme had been set up in 2001 for those who had lost a vessel at sea between 1980 and 1989. Successful applicants were made an award of ‘capacity’ so that a new vessel could be registered and licensed as a fishing boat. 

In 1981 Mr Francis Byrne, the owner and skipper of a fishing vessel, along with his 16 year old son Jimmy and three other men died tragically when their boat sank off the coast of Donegal. The Byrne family’s application under the scheme was refused and they complained to the Ombudsman.  The then Ombudsman, Emily O’Reilly, found that the design of the scheme and the way in which it was advertised were contrary to fair and sound administration.  Her investigation involved a single complaint and recommended that the family receive compensation of €245,570.

The Department refused to implement the Ombudsman’s recommendation – the first and only time in the 34 year history of the Office that an investigation recommendation has not been implemented.  Current Ombudsman Peter Tyndall continued to highlight the case following his appointment in 2013.

Welcoming yesterday's announcement the Ombudsman said:

“This was a heartbreaking tragedy for the Byrne family and the families of the other men who died.  The family have had to pursue this case for over fifteen years.  I am pleased that Minister Creed has now implemented this recommendation and has righted a wrong that was done to the family so many years ago.”

The full report of the Ombudsman’s investigation Lost at Sea is available here.

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