Hounslow Council Ordered to Pay £2,400 After Three-Year EHCP Delay Breaches Legal Limit
A West London council has been heavily criticised by the local government watchdog for taking almost three years to issue an updated Education, Health and Care Plan (EHCP) for a child, despite a legal requirement to complete the process within just eight weeks. Hounslow Council must now pay a total of £2,400 to the affected family as compensation for the significant failures and distress caused by this extraordinary delay.
Chronic Delays and Missed Therapeutic Support
The case centres on a child, referred to as Y in the official report, who initially received an EHCP in January 2022. This plan included crucial provisions for occupational therapy and speech and language therapy while the child attended a mainstream school. However, after transitioning to secondary school in September 2022, the child stopped attending and withdrew entirely in January 2023.
Hounslow Council conducted an emergency EHCP review that same month but failed to issue an amended plan promptly. Although the council provided an Education Otherwise Than At School (EOTAS) plan throughout 2023, it did not secure the necessary speech and language therapy or occupational therapy, citing an inability to find suitable therapists. A draft amended plan sent in December 2023 was never finalised, leaving the child without proper support.
Ombudsman Investigation Reveals Multiple Faults
The child's mother, identified as Ms X, filed a formal complaint with the Local Government and Social Care Ombudsman in November 2024, highlighting poor communication from the council's SEND team and a lack of information on personal budgets for social care support. The council finally issued an amended EHCP in August 2025—a staggering 20 months after the child withdrew from mainstream education.
The ombudsman's investigation uncovered five distinct faults by Hounslow Council. The most severe was the significant delay in providing the updated EHCP, which directly contravened the legal duty to issue amended plans within eight weeks of sending a draft. This delay prevented the mother from appealing to a SEND tribunal for nearly three years, effectively blocking her access to legal recourse.
Additionally, the council failed to secure the two forms of therapy the child was entitled to, resulting in the loss of four full terms of therapeutic provision. The watchdog also noted failures in providing adequate support, poor communication practices, and safeguarding lapses, including inappropriately advising the mother that monitoring a council-loaned laptop was her responsibility rather than the council's.
Substantial Compensation and Council Response
As a result of these failures, Hounslow Council must pay £2,400 to the family. This includes a specific payment of £1,600 to acknowledge the profound impact of the child missing four terms of essential therapeutic provisions. The remaining compensation addresses the distress and inconvenience caused by the council's poor handling of the case.
A spokesperson for Hounslow Council stated: "We acknowledge the decision of the ombudsman and will apply their recommendations in full." This case underscores the critical importance of timely EHCP updates and adherence to legal frameworks designed to protect vulnerable children with special educational needs and disabilities.
The ombudsman's findings serve as a stark reminder to local authorities nationwide of their statutory obligations under SEND legislation. Delays in EHCP processes can have devastating consequences for children's development and family well-being, highlighting the need for robust systems and accountable governance in education and social care services.
