Ombudsman Faults Southampton Council for Delaying Therapy Services Under SEND Plan

In February 2023, the Local Government & Social Care Ombudsman upheld a complaint (case number 22-007-813) against Southampton City Council. The complaint was brought by a mother (“Miss C”) whose daughter (“D”) had an Education, Health and Care (EHC) plan mandating occupational therapy (OT) and speech & language therapy (SALT) after a decision by the SEND Tribunal.

Although the amended EHC plan including the OT and SALT provision was issued on 23 August 2021, the Council failed to secure these therapies. D began college in September 2021 without receiving either service. Over the following months, the mother repeatedly complained, but the Council delayed—citing staff sickness, a lack of handover when a responsible manager left, and miscommunication between teams. Provider availability issues were also used to explain delays.

By October 2022, the Council arranged for an OT assessment, which was completed in November. The SALT provider was secured in January 2023. However, the delay had already extended over a year, during which time D suffered pain, struggled with communication, and experienced mental health impacts. Miss C also endured considerable time, trouble and stress chasing the Council.

The Ombudsman found clear fault: under the Children and Families Act 2014, local authorities are legally required to put into effect the support specified in an EHC plan. The failure to do so in timely fashion constituted an injustice. Administrative failures—such as lack of continuity of responsibility, poor handover, and failures in the complaints process—amplified the harm.

As remedy, the Council was ordered to apologise to Miss C and D; to pay Miss C £250 for frustration and trouble; and pay £2,500 for lost OT and SALT provision (calculated pro rata per month for the period D missed out). The Council must also put in place a process ensuring that when staff leave or are absent, someone takes over their responsibilities, and that provision required under an EHC plan is checked to be arranged from the start of a new or amended plan.

This decision highlights how dangerous delays and administrative gaps can be for SEND provision. Legal obligations are in place, but failing to act swiftly not only breaches the law—it causes real harm. Parents, carers, and councils should treat EHC plan timelines and monitoring as critical, not optional.

Full decision report:
Ombudsman Decision 22-007-813 – Southampton City Council