A Somerset mother was left more than £7,000 out of pocket while she waited for the council to release funds for her children’s much-needed therapy, the Local Government and Social Care Ombudsman has found.

The mother, whose children’s extensive special educational needs mean they have Education, Health and Care (EHC) Plans, told the Ombudsman she had to fund the support herself while she waited for the agreed money to be paid. This meant the children’s educational placements were put at risk when, having run out of credit, she could no longer afford to access the provision.

The nature of the children’s needs meant the therapy they required was outside of the council area. The council agreed to pay for travel and accommodation as well as the therapy.

Instead of paying the provision directly, the council agreed a ‘personal budget’ with the family, paid via an intermediary which should have then released the funds as and when the family needed them.

However, the council delayed this payment, so the mother had to fund the provision – costing more than £7,000 – herself. She told the Ombudsman she had to chase both the council and intermediary to release the funds to her.

Local Government and Social Care Ombudsman, Ms Amerdeep Somal said:

“Personal budgets should give parents flexibility to choose and fund the care agreed in their children’s EHC Plans.

“However, far from liberating the family, in this case the mother has been left with the stress and worry of not knowing if or when the money would be available. She has been forced to find large sums to provide the essential therapy her children needed – and the council has agreed they should receive.

“I am particularly concerned that, even when alerted to the issues the mother was facing, the council still failed to take any action to improve the situation.

“The council has now agreed to review how it delivers its direct payment plans to families, and to ensure training is provided to staff involved in their administration. I hope these improvements will ensure other families across the county are not left in the same position in future.”

The Ombudsman issued guidance to local authorities on the administration of personal budgets for families with children and young people with EHC Plans in 2023.

The Local Government and Social Care Ombudsman remedies injustice and shares learning from investigations to help improve public, and adult social care, services. In this case the council has agreed to apologise to the mother and reconsider how it pays her to ensure the agreed payments are made a term in advance. It should also repay her the outstanding funds she has paid for her children to access the support and pay her a further £1,000 to acknowledge the significant distress and financial worry she has experienced.

The Ombudsman has the power to make recommendations to improve processes for the wider public. In this case the council should review how it pays direct payments and provide staff training and guidance on the process.

Article date: 06 February 2025