Council agrees to £7,000 payout after delays in issuing SEN statement

The Local Government Ombudsman has recommended that a London borough pay out £7,000 after it delayed in issuing a boy’s statement of special educational needs and then did not make the full provision specified.

The LGO launched an investigation after the boy’s mother complained. Her son’s SEN included selective mutism and severe anxiety.

The Ombudsman, Dr Jane Martin, had already upheld her complaints on two previous occasions, although this was not published at the time.

Dr Martin’s investigation concluded that Bromley had delayed by 15 months in issuing a final statement of SEN after it had issued a draft version.

This had prevented the mother from appealing to a First-tier Tribunal against the council’s decision. The LGO said this had caused the boy “avoidable uncertainty and distress”.

The LGO also found that Bromley had failed to provide speech and language therapy for the boy for 12 months and failed to provide a key worker for him for 10 months.

Dr Martin’s report said the council’s failures caused “unnecessary additional uncertainty that contributed to the boy’s anxieties and absences from school and reduced his choices for post‑16 education”.

The Ombudsman recommended that Bromley pay £3,500 each to the complainant and her son, and issue an apology to both of them.

A spokeswoman for the council said: “The London Borough of Bromley always strives to provide timely help to parents of children with special educational needs. On this occasion the council accepts the findings of the Ombudsman that there were some delays in issuing an amended statement and wishes to apologise for this and any distress caused. The actions regarding this suggested by the Ombudsman are being carried out.”