Key Points
- EHCP Processing Delay: Bromley Council delayed the issuance of a child’s Education, Health and Care Plan (EHCP) paperwork for five months following the family’s relocation to the area.
- Formal Apology and Compensation: The South London authority offered a formal apology and agreed to pay £500 to the family to acknowledge the distress and impact caused by the administrative delay.
- Travel Cost Dispute: The family requested the reimbursement of school travel expenses incurred over a 10-month period following their move.
- Ombudsman Verdict on Travel Costs: The Local Government and Social Care Ombudsman investigated the complaint and ruled that the council was not at fault for refusing the travel cost reimbursement.
- Council Assessment Upheld: The Ombudsman determined that the council acted in accordance with relevant policies and regulations when assessing the family’s eligibility for home-to-school transport assistance.
Bromley (South London News) September 22, 2026 – Bromley Council has issued a formal apology to a local family after failing to process a child’s Education, Health and Care Plan (EHCP) paperwork for five months following their move into the borough. The local authority’s delay left the child’s educational provisions unresolved longer than national guidelines permit, prompting an investigation by the Local Government and Social Care Ombudsman. Alongside the formal apology, the South London authority agreed to pay £500 in financial compensation to recognize the distress and disruption experienced by the family during the period of administrative inactivity.
Despite finding fault with the council’s handling of the EHCP paperwork, the Ombudsman’s final report cleared the authority of wrongdoing regarding a related financial dispute. The Ombudsman ruled that Bromley Council was not at fault for rejecting the family’s request to reimburse 10 months of school travel expenses. The family had claimed transport costs incurred while taking the child to school following their relocation, but the watchdog concluded that the council’s refusal aligned with statutory guidance and local transport policies.
Why Did the EHCP Transfer Process Suffer a Five-Month Delay?
When a child with an existing EHCP moves from one local authority area to another, statutory rules dictate that the receiving council must take over responsibility for the plan and notify the parents within specific timeframes. In this instance, the family moved into the London Borough of Bromley and notified the local authority of their new residence, expecting the seamless transfer and updating of their child’s special educational needs documentation.
However, administrative bottlenecks within Bromley Council’s special educational needs department led to a five-month delay in issuing the updated paperwork. During this interval, the family faced uncertainty regarding the formal status of their child’s educational provision. The Local Government and Social Care Ombudsman established that the council exceeded statutory time limits, constituting service failure and maladministration in its handling of the transfer process.
To remedy the injustice caused by the delay, the Ombudsman recommended that Bromley Council issue a written apology to the parents and provide a remedy payment of £500. The council accepted these findings and confirmed that the payment and formal apology have been delivered to the affected family.
Why Was the Council Not at Fault for Refusing School Travel Costs?
The second element of the family’s complaint centered on the financial burden of home-to-school transportation. Following their move, the family continued to transport their child to their existing educational setting, incurring significant travel expenses over a 10-month period. The parents submitted a formal request to Bromley Council seeking full reimbursement for these costs, arguing that the delay in finalizing the EHCP impacted their transport arrangements.
Bromley Council declined the reimbursement application, maintaining that the family did not meet the criteria for statutory transport support under the authority’s home-to-school travel policy. The family subsequently escalated the matter to the Ombudsman, alleging that the council acted unfairly and failed to account for their specific circumstances during the transition period.
Upon reviewing the evidence, the Ombudsman found no evidence of administrative fault in how the council reached its decision on transport funding. The investigation determined that the council correctly applied the relevant statutory guidance and assessed the application appropriately. Because the decision itself was reached without procedural fault, the Ombudsman held that the council was within its rights to decline the 10-month travel cost reimbursement.
Background of Special Educational Needs and EHCP Transfers
An Education, Health and Care Plan (EHCP) is a legally binding document in the United Kingdom that outlines a child or young person’s special educational, health, and social care needs, as well as the extra support required to meet those needs. Local authorities are responsible for maintaining, reviewing, and funding the provisions set out in these plans under the Children and Families Act 2014.
When a family with a child holding an EHCP relocates to a new local authority, Section 39 of The Special Educational Needs and Disability Regulations 2014 governs the transfer process. The old authority must transfer the plan to the new authority, and the new authority becomes responsible for ensuring the specified special educational provision is supplied from the date of the transfer.
Under statutory rules:
- The receiving council must inform the parents within six weeks of the transfer that the plan has been transferred.
- The receiving council must review the plan within three months of the transfer or within 12 months of its last review, whichever is later.
- If the council decides to amend the plan or conduct a new assessment, it must adhere to strict statutory deadlines to prevent delays in securing appropriate school placements.
Home-to-school travel assistance is governed separately under Section 508B of the Education Act 1996. Local authorities must provide free transport only if a child attends their nearest suitable school and meets specific distance criteria, or if the child cannot reasonably be expected to walk due to their special educational needs or disability. If a parent chooses to keep a child at a school further away when a nearer suitable option is available, the financial responsibility for travel generally falls upon the parents rather than the council.
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Prediction: How This Development Can Affect Families and Local Authorities
This ruling by the Local Government and Social Care Ombudsman sets clear operational expectations for both local authorities and families navigating special educational needs provision after relocating.
Impact on Families with Special Educational Needs Children
For families moving between local authority areas with an EHCP, this outcome reinforces the strict legal separation between educational plan administration and transport assistance entitlements.
- Clearer Standards on Administrative Delays: Families gain a reaffirmed precedent that local councils will be held accountable financially and administratively if they fail to meet statutory EHCP transfer deadlines. Ombudsman-ordered compensation payments provide a formal avenue of redress when council administrative backlogs create unnecessary stress.
- Strict Application of Transport Criteria: The ruling underlines that administrative delays in issuing paperwork do not automatically entitle families to travel expense reimbursements. Families relocatating to new areas cannot assume that home-to-school transport will be funded retrospectively if the school chosen does not strictly qualify under the local authority’s standard transport eligibility rules.
Impact on Local Council Operations
For Bromley Council and other UK local authorities, the verdict highlights two critical operational lessons:
- Focus on EHCP Transfer Compliance: Council SEN departments must improve internal tracking mechanisms to handle incoming EHCP transfers promptly. Continued administrative delays risk further Ombudsman investigations, financial remedies, and reputational damage.
- Validation of Robust Policy Adherence: The outcome demonstrates that as long as councils maintain clear, legally compliant decision-making frameworks regarding statutory transport, their funding decisions will be upheld by oversight bodies, protecting public funds from unwarranted reimbursement claims.
