Council agrees to pay more than £5k for SEN failures following investigation by Ombudsman

The woman behind the complaint, Mrs X, complained about how the council handled her child, Y’s education and their Education, Health and Care (EHC) Plan since 2022. Specifically, she complained:

1. the council failed to ensure Y received Speech and Language Therapy (SaLT) provision as outlined in the EHC Plan since August 2022, and
2. failed to issue an amended EHC Plan or decision letter following an annual review in November 2023 and has not held one since.

Outlining the background to the case, the Ombudsman said in February 2022, the council issued Y with an EHC Plan naming a mainstream school in Section I. Mrs X did not agree with the council’s decision to name a mainstream school and so she appealed the decision to the SEND Tribunal.

The Tribunal ordered the council to amend the plan, and it issued an amended final EHC Plan in August 2022. This plan listed education other than at school (EOTAS) for Y.

The plan included 10.5 hrs of direct SaLT per school year initially, and school staff would continue to deliver this therapy in weekly social skills groups following training.

The council also allocated six hrs of indirect SaLT to feed into Y’s annual reviews and reports. However, since Y received education outside of school, they were unable to attend the weekly social skills group meetings outlined in their plan.

The plan also outlined Y would receive weekly ‘Wellies On’ provision - a therapeutic alternative education provider which improves self-esteem and social skills.

By October 2023, Y was not receiving any of the SaLT or ‘Wellies on’ provision.

In November 2023, the council held an Annual Review (AR) of Y’s plan. 

At the review, Mrs X told the council SaLT provision was not in place. She also indicated the existing SaLT provision was unsuitable since Y was not attending school.

The Ombudsman report noted: “There is no evidence the council issued a decision letter confirming whether it intended to amend Y’s plan following the review, nor did it issue an amended plan.”

Mrs X complained to Essex in February 2025 about the lack of SaLT and ‘Wellies On’ provision. She also complained the council had failed to issue Y’s amended EHC Plan following the November 2023 review meeting.

In February 2025, the council responded to Mrs X’s formal complaint apologising to Mrs X. It accepted:

• It failed to commission SaLT provision for Y.
• It failed to commission ‘Wellies On’ provision.
• It failed to issue a decision letter and amended Plan following the annual review in November 2023.

However, Mrs X remained unhappy and complained to the Ombudsman.

Looking at Mrs X’s first complaint (complaint a), the Ombudsman investigated and concluded that while the council commissioned all other provisions as set out in the amended final EHC Plan, it failed to commission SaLT and ‘Wellies On’ provision.

The report noted: “Mrs X contacted the council on several occasions asking about the missed provisions. Only when she complained about it in January 2025, did the council action and commissioned SaLT with immediate effect starting from 15 January 2025. However, sessions ceased again after nine weeks and resumed again in June 2025 resulting in a further fourteen-week gap in SaLT sessions.”

As a result of these failings, the Ombudsman calculated that Y had missed out on nearly two full school years (five terms) of SaLT and (six terms) of ‘Wellies On’ provision from September 2023 onwards.

Finally, considering Mrs X’s second complaint, the Ombudsman said: “The council carried out an annual review in November 2023. The council failed to issue a decision letter following the review and to date has not issued an amended Plan. This is a delay of over 18 months and fault which means Y has not had their EHC Plan updated for nearly two years. It has also denied Mrs X a right of appeal to the SEND tribunal and caused distress and uncertainty.”

To remedy the injustice caused, the Ombudsman recommended the council, within one month:

• apologise to Mrs X and pay her £500 to acknowledge the distress and uncertainty caused by the annual review delays and its failure to ensure Y received the SaLT and ‘Wellies On’ provision between September 2023 and to date.
• pay Mrs X £5,000 to recognise the impact on Y caused by the loss of SALT and ‘Wellies On’ provision in line with their EHC Plan between September 2023 and June 2025.
• issue Y’s amended EHC Plan following the April 2025 annual review ensuring Mrs X receives her SEND tribunal appeal rights.

Within two months:

• ensure that both SaLT and 'Wellies On' provision — or an appropriate alternative therapeutic provision in line with Y’s latest EHC Plan — are commissioned and fully in place by the start of the 2025/26 academic year.
• review its commissioning arrangements for Speech and Language Therapists to ensure it has sufficient therapists to deliver Speech and Language therapy provision outlined in EHC Plans.

A spokesperson for Essex County Council said: “While it would be inappropriate to comment on individual cases, we have acknowledged and accepted the recommendations made.

“The council is working with health partners to review and transform the provision of therapy services across the county.

“Families can be confident we are taking this matter extremely seriously and already have plans in place to address the issue. Every child deserves the chance to thrive and improving the current situation as quickly as possible is our priority. We will leave no stone unturned as this work continues.”