DUDLEY Council has been ordered to pay a mother £2,300 by an ombudsman after her son had to wait two years for an Education, Health and Care plan for his special educational needs.

The Local Government and Social Care Ombudsman carried out an investigation into the local authority after the boy's mother complained about the council's handling of her requests for an Education, Health and Care Plan for her son.

The report, published on July 25, found it took the authority 104 weeks to complete and issue the boy’s final Education Health and Care Plan. Statutory guidance states the process from requesting a plan to it being issued should take no more than 20 weeks.

Dudley Council initially refused the mother's request for her son to be assessed for a plan in October 2015. The mother appealed to the SEND tribunal who told the Council to assess the child. The Council assessed the boy but refused to issue a plan, leading the mother to appeal again to the tribunal. The Council issued a final plan before the tribunal took place, but the child's parents appealed its content as they were unhappy with the school the council had chosen for the child.

After another appeal, the tribunal instructed changes to the plan and the child started another school in September 2018.

The Ombudsman's investigation found when the family complained to the Council, it accepted it was at fault for the way in which it handled the case, but it did not apologise. The Council also took too long to deal with the family’s subsequent complaint, according to the report.

The Ombudsman also branded the Council 'unprofessional' in its handling of the case, after the Council’s own investigation found the mother was sent internal documents which suggested some officers had made judgements about the case and pre-determined whether the boy needed a plan.

Michael King, Local Government and Social Care Ombudsman said: “We have issued this report to show there are gaps in the system which mean parents, carers and young people are left with restrictions in what we can investigate and put right for them because of the way our jurisdiction operates alongside that of the Tribunal.

“We know from the investigations we carry out that parents often feel like they are left battling the system to get their children the support they are entitled to.

“It is all the more worrying then, when we uncover cases like this where parents are not treated with dignity and respect, and are instead subject to comments from senior officers which are both unprofessional and inappropriate.

“I welcome the steps Dudley council has already taken to improve its services to children and their families during the investigation, and its readiness to accept my recommendations.”

Following the Ombudsman's investigation Dudley Council confirmed it had made a number of changes to improve its services to families of children with SEN, including increasing staff numbers, training staff and improving its complaints handling.

The Council has also agreed to pay the boy's mother £1,800 for her son's education and a further £500 for her time and trouble in bringing the complaint.

Councillor Ruth Buttery, cabinet member for children’s services, said: “We fully accept the findings of the ombudsman and I would like to apologise to the family for the stress caused. It is clear that the council’s services fell some distance below the standard we would all expect.

“We are now working to promptly put in place arrangements for this young person that fully meet their needs. More widely, we are in the process of making significant improvements to our SEND services, to ensure young people and their families receive the support they need to achieve the best possible outcomes in their lives.”