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The Local Government and Social Care Ombudsman has reminded local authorities that they should be reviewing children’s special educational needs (SEND) and Education, Health and Care Plans (EHCPs) in the run-up to key stage transfers, even if they are staying at the same school.
It comes as local authorities continue to see a rising number of SEND complaints, with 94% of complaints investigated being upheld.
The reminder follows an investigation by the Ombudsman into a complaint from a Warwickshire parent that the county council had failed to conduct a review of their child’s EHCP during their key-stage transfer year from primary to secondary school.
Warwickshire County Council had informed the parent that, since the child was not changing school settings, it did not need to issue its new plan by the statutory deadline of 15 February. The parent complained to the Ombudsman, who found fault with the council’s stance.
Councils need to follow statutory timelines for EHCPs
Ms Amerdeep Somal, Local Government and Social Care Ombudsman, said: “The courts have made it clear that it is the phase transfer that triggers the duty to review EHC Plans by 15 February, and not a change in educational placement.
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“The council could not have decided the child would not be moving schools until it had completed its annual review of their EHC Plan so it needed to complete the phase transfer to establish if they would stay.
“This incorrect approach to EHC Plan reviews is something we have seen being taken in council areas across the country. I would urge those doing this to check their processes to ensure they follow statutory timelines correctly.”
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 parent and pay them £300 for the frustration and distress caused by the delay in issuing the EHC Plan.
The Ombudsman has the power to make recommendations to improve processes for the wider public. In this case the council has agreed to issue guidance to staff advising that councils must review EHCPs in line with statutory guidelines when a child is changing a phase of education.
