A dad is to receive a payout after delays to his child’s education, health and care plan (EHCP) by Buckinghamshire Council.

The compensation was recommended following a recent decision by the Local Government and Social Care Ombudsman, which investigates complaints made against councils.

The watchdog said it would likely have ‘found fault’ with the way Bucks Council handled the case of a man referred to as Mr X if it had fully investigated.

The father asked the council to complete a needs assessment of his child, known as ‘Y’, on February 23, 2024, and the authority agreed to carry out the assessment in late March.

However, the council did not issue a decision on whether or not to make an EHCP within the required timescale, which is 16 weeks from the date of the request for assessment if it makes an EHCP or 20 weeks if it does make one.

The Ombudsman acknowledged the council’s shortage of educational psychologists (EPs) to carry out assessments, which is an issue across the country.

However, it stressed that failure to complete the needs assessment within the statutory timescales amounted to ‘fault’ on the part of councils.

An EHCP is a legal document which outlines the additional support a young person with special educational needs requires in an educational or other setting.

The Ombudsman said its recent investigation into a similar case showed Bucks Council has tried to address its shortage of EPs.

In its decision, the watchdog said: “As a result, further investigation is unlikely to result in additional recommendations because the council is already acting to resolve the issues.”

The council agreed to write to Mr X and apologise for the ‘frustration and uncertainty caused by the delays in the EHCP process’.

If it refused to make an EHCP for Y it agreed to pay Mr X £100 per month of delay, calculated from June 14, until it sends its decision letter, or if it does make an EHCP, pay the father £100 per month of delay from July 12 until the final plan and decision letters are sent.

Anita Cranmer, the council’s cabinet member for children’s services and education said the authority ‘worked hard’ to complete assessments on time, claiming this happens in the ‘vast majority’ of cases.

She told the Bucks Free Press: “On this occasion however, we were unable to do so, in the main due to staffing issues relating to a shortage of educational psychologists.

“We have apologised to the family for the delay and any distress caused. We have been working hard in a difficult recruitment environment, to add to our cohort of educational psychologists, with success, to ensure that future delays are curtailed.”