Overview:

Key to names used

• Mrs A  - The complainant

• B - Her son

• C - Her son

Summary

Mrs A complained the Council failed to complete reviews of her children’s Education, Health and Care (EHC) Plans within the statutory timescales. Mrs A says this has resulted in her children not receiving up-to-date provision to meet their educational and social care needs. Mrs A also complained the Council failed to complete EHC Plan reviews in the statutory timescales for over a thousand other children.

Finding

Fault found causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

To remedy the injustice caused, we recommend within one month of the date of this report the Council should:

• issue a Final EHC Plan for B;

• apologise to Mrs A for the delays in the annual review process for both B’s and C’s EHC Plans and for the delay in issuing a Final EHC Plan for B; and

• pay Mrs A:

  • £1,125 as a symbolic payment to acknowledge B’s uncertainty for one year and six months outside the statutory timescales in receiving suitable up-to-date EHC Plan provision;

  • £575 as a symbolic payment to acknowledge C’s uncertainty for nine months outside the statutory timescales in receiving suitable up-to-date EHC Plan provision; and

  • £400 as a symbolic payment for the distress and inconvenience she experienced because of the Council’s failings.

    To improve services, we recommend within three months of the date of this report the Council should:

• produce an Action Plan for how it aims to address its failure to meet the statutory timescales for EHC Plan reviews and overcome the significant backlog of EHC Plan reviews it holds. The Council should ensure the action plan is monitored regularly by a relevant member body with progress reports made publicly available; and

• provide staff training about the importance of suitable and accurate record keeping.

The Council has accepted these recommendations.

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