Somerset Council has been fined £500 after a "series of delays" in issuing a vulnerable child with a plan for their care.

The boy – known only as D – was issued with an education, health and care plan (ECHP) to allow him to receive schooling which took account of his special educational needs and disabilities (SEND).

D's mother, Mrs C, formally complained after delays in reviewing D's plan left it "significantly out-of-date", causing both parties mental and emotional distress.

The Local Government and Social Care Ombudsman (LGSCO) has ordered the council to formally apologise and compensate the family for the distress caused.

The ombudsman exists to investigate allegations of "maladministration" and "service failure" in the public sector – in other words, instances in which it is claimed councils have not fully carried out their legal duties to taxpayers.

Somerset County Council initially issued D with their EHCP in May 2020 – but Mrs C appealed its content, and her appeal was upheld at a tribunal in January 2021.

An amended plan was issued in February 2021, and in May 2021 D's school invited the council to arrange a review of this new plan – but this did not take place until November of that year.

Mrs C complained to the council in November 2021 and again in February 2022, arguing that she had received no contact from officers explaining the delay.

The council responded that it would write to Mrs C and explain its position – but Mrs C was "unhappy" with this response, since D's plan was now "out of date" and needed further changes.

The council apologised in April 2022, citing "staff shortages in the relevant service area" and sent Mrs C a 'holding letter', confirming its intentions to review D's plan and to discuss planned amendment within a fortnight.

As part of this latest review, Mrs C asked that D receive counselling – a request which their school had also raised back in November 2021.

The council issued a new draft plan in early-July 2022 – but this did not include any provision for counselling, and was not issued by the time the new school year started in September.

A further review was arranged for October 2022 – but to date the plan has still not been agreed upon and issued.

The ombudsman said the council was "at fault" for the "series of delays" surrounding D's plan, with the council acknowledging that it had "failed to act promptly" throughout the process.

A spokesman said: "This series of delays is inherently undesirable, because it inevitably runs the risk that D's EHCP will become out of date.

"Mrs C has been caused some injustice as uncertainty. That uncertainty continues now that D's 2022 annual review has completed and with Mrs C now again awaiting confirmation of the outcome. We regard uncertainty as a form of distress."

The ombudsman ordered the council to formally apologise to Mrs C and to pay her £500 in compensation in light of distress and injustice caused by the delays.

Responding to the ruling, the council said: "We accept the ruling and have apologised to the family as the ombudsman requested.

"We are working with the family to ensure that the young person has an EHCP in place that helps them across all areas of their life.

"We are keen to learn from each complaint that the ombudsman considers so that other families do not have the same poor experience.

"With our partners in schools and the NHS, we continue to work towards improving services for children with SEND."