Brothers with special educational needs left without speech and language therapy for more than a year due to council failings: Ombudsman

According to the report, the problems were partly due to the council's therapy provider ending its contract with a sub-contractor in early 2024 – “potentially affecting nearly 400 children across Buckinghamshire”.

In the siblings’ cases, one brother missed more than half the speech and language therapy, and almost all of the occupational therapy, which his Education, Health and Care (EHC) plan entitled him to between September 2023 and December 2024.

His brother also went without his speech and language therapy, and the council “repeatedly delayed” updating his plan - meaning his mother had no legal right to challenge the level of support he was getting, said the Ombudsman.

The investigation concluded the council “failed to properly consider the impact of withdrawing the contract, had no back-up plan, and failed to step in to ensure those children still got the help they were owed quickly enough”.

To remedy the injustice caused, the council was recommended to apologise to the boys’ mother and pay a symbolic £1,000 to recognise what went wrong.

Further, it was recommended to create a plan to show how it will address any shortfall in the needs of children and young people with EHC Plans, whose needs are not currently being met through the therapy service, and develop a protocol for cases where the therapy service cannot deliver provision in line with a child’s EHC plan.

The Ombudsman said the council has agreed to the recommendations.

Responding to the report, Carl Jackson, Cabinet Member for Education and Children’s Services at Buckinghamshire Council said: “The Council fully accepts the Ombudsman’s findings in this individual case and recognises the impact on the family involved. We are sorry we let these children down in 2023/24 and fell short of our usual standards and legal duties. Our priority now is to ensure this failing is not repeated.

“It is important to clarify however, that the reference to “up to 400 children” by the Ombudsman reflects the size of the cohort covered by the sub‑contracted service for Speech and Language Therapy during 2023/24, rather than the number of children who experienced a delay following the contract transition. Our NHS partners wrote to all families affected at the time to explain the changes and confirm how therapy would continue to be delivered.”

Amerdeep Clarke, Local Government and Social Care Ombudsman, said: "These are not simply cases of two children falling between the cracks of an overstretched service. Instead the council made wholescale changes to the way it provided support without ensuring it could meet the needs of these children and many others.

“Buckinghamshire Council did not do enough when it identified clear warning signs that the therapy hundreds of children and young people needed could not be delivered at the agreed level.

“Every child with an EHC Plan has a legal entitlement to the support set out in it. This case highlights what can go wrong when councils do not exercise sufficient oversight of the services they commission."

Clarke added: “When a provider struggles to meet demand, it is the council's responsibility to step in - not to wait and hope the situation improves.

“I welcome Buckinghamshire Council's agreement to make the service improvements I have recommended, and I hope this report serves as a reminder to councils across the country of their duties to children with SEND.”

Lottie Winson