Council Pays Sussex Dad Monthly Compensation For Delay In Education Plan

West Sussex County Council has to pay a father £100 per month until it has sorted out his child’s Education, Health & Care Plan.

The father – known as Mr X – complained to the Local Government & Social Care Ombudsman that the council had failed to carry out a needs assessment for his child or to provide suitable education in the meantime.

The child – known as Y – has been on the roll of a mainstream school since May 2022 but has had ‘little or no attendance since then’.

Some of the delay in preparing a Plan was because the council had trouble getting the necessary advice from an educational psychologist due to a national shortage and the very high number of referrals.

But the Ombudsman found the council to be at fault for failing to decide whether to issue a Plan within the statutory time-scales and for not properly considering its duty to provide alternative education provision for the child.

As well as the monthly payment, the council also agreed to apologise to Mr X and pay him a total of £1,800 ‘to recognise the frustration and uncertainty the delays caused him’.

A council spokesman said:

“We accept the Ombudsman’s findings, have apologised to the family involved and a financial remedy has been paid.

“We acknowledge that we were at fault for the delay in issuing an Education, Health and Care Plan and understand the distress this has caused.

“As a result of this case, we have taken action which includes providing additional guidance to staff on our duties to provide alternative education provision.”