A West London council has been forced to apologise and pay compensation after it failed to arrange essential therapy for an autistic child for more than a year, with poor communication exacerbating the family's distress.
Systemic Failures in SEND Provision
The Local Government and Social Care Ombudsman investigated a complaint from a father, referred to as Mr X, regarding Ealing Council's handling of his son's Education, Health and Care Plan (EHCP). The child, known as Child Z, has a diagnosis of autism and was entitled to specific therapeutic support.
Following the finalisation of the EHCP in August 2024, the child was supposed to receive 15.75 hours of speech and language therapy and 22 hours of occupational therapy during the academic year starting that September. The council referred the child to six providers for each therapy a month later.
A Pattern of Delays and Poor Communication
Despite initial contact in October 2024, where the council discussed a personal budget, there is no record of further communication from the authority until Mr X proactively reached out in December. He informed the council he had arranged for speech therapy to begin in January 2025, but received no response, prompting a follow-up email.
Between January and May 2025, Mr X was forced to arrange and pay for eight hours of speech therapy himself, for which he was later reimbursed. Meanwhile, his son remained without an occupational therapist until late in the academic year.
The Ombudsman's report heavily criticised the council's communication, noting that Mr X's emails often went unanswered and responses were subject to long delays, causing "considerable frustration and distress". These failures persisted even after the council had issued an initial apology.
Ombudsman's Findings and Council Action
The watchdog found that the child received no speech and language therapy between September 2024 and January 2025, missing 7.75 hours of provision. Furthermore, he received no occupational therapy between August 2024 and May 2025, meaning he missed the opportunity to benefit from this support earlier.
This constituted a clear failure of the council's legal duty to ensure the special educational provision in the EHCP was delivered. As a result, the Ombudsman has ordered Ealing Council to pay the father £700 in compensation.
The council must also review its commissioning arrangements to ensure it can meet timescales for both EHCP assessments and the subsequent provision of therapies.
An Ealing Council spokesperson said: "We sincerely apologise for our failings in this case and apologised to the family and paid them compensation in acknowledgment of the frustration and uncertainty caused by the delays. Supporting residents with extra needs is a top priority for us."
The spokesperson added that the council had reviewed its processes and was working to improve communications, citing a recent Ofsted SEND report which recognised rapid improvements. They also pointed to a national shortage of therapists as a contributing factor to the delays.
