Summary: Miss X complained that the Council failed to hold an annual review of her son Z’s Education, Health and Care Plan (EHCP) within the required statutory timescale. We have concluded our investigation making a finding of fault. We found fault with the Council for failing to meet the statutory deadline for the annual review. The Council has agreed to our recommendations to address the injustice caused by these delays.

The complaint

1. Miss X complains on her behalf of her son, Z. Miss X says the Council has failed in its statutory duty to hold annual reviews for Y. Miss X says a result, Z has missed out on support that would have otherwise been available, and that Z would have benefited from. Miss X also says she spent time chasing the Council on the matter to little avail. Miss X would like the Council to award a remedy to acknowledge the injustice on Y, and for distress she has experienced chasing the Council.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a Council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
4. Under the information sharing agreement between the Local Government and Social Care Ombudsman and the Office for Standards in Education, Children’s Services and Skills (Ofsted), we will share this decision with Ofsted.

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How I considered this complaint

5. I liaised with Miss X and considered the information she provided. I also made enquiries to the Council and reviewed the information it provided in response. Miss X and the Council will now have an opportunity to comment on my draft decision. I will consider any comments before making a final decision.

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What I found

Relevant legislation and guidance

Education, Health and Care Plan

6. A child or young person with special educational needs may have an Education, Health and Care (EHC) Plan. This document sets out the child’s needs and what arrangements should be made to meet them. The EHC Plan is set out in sections. We cannot direct changes to the sections about their needs, education, or the name of the educational placement. Only the tribunal or the council can do this. 
7. The EHC Plan is set out in sections which include: 
• Section B: Special educational needs.  
• Section F: The special educational provision needed by the child or the young person. 
• Section I: The name and/or type of educational placement. 

Reviewing the Plan

8. The council must arrange for the EHC Plan to be reviewed at least once a year to make sure it is up to date. The council must complete the review within 12 months of the first EHC Plan and within 12 months of any later reviews. The annual review begins with consulting the child’s parents or the young person and the educational placement. A review meeting must take place. The process is only complete when the council issues a decision about the review.
9. Within four weeks of a review meeting, the council must notify the child’s parent of its decision to maintain, amend or discontinue the EHC Plan. Once the decision is issued, the review is complete. (Section 20(10) Special Educational Needs and Disability Regulations 2014 and SEN Code paragraph 9.176) 
10. If the council decides not to amend an EHC Plan or decides to cease to maintain it, it must inform the child’s parents or the young person of their right to appeal the decision to the tribunal.
11. Where the council proposes to amend an EHC Plan, the law says it must send the child’s parent or the young person a copy of the existing (non-amended) Plan and an accompanying notice providing details of the proposed amendments, including copies of any evidence to support the proposed changes. (Section 22(2) Special Educational Needs and Disability Regulations 2014 and SEN Code paragraph 9.194). Case law sets out this should happen within four weeks of the date of the review meeting and the Council should go on to issue the final amended EHC Plan within a further eight weeks.
12. If the child’s parents or the young person disagrees with the decision to cease the EHC Plan, the council must continue to maintain the EHC Plan until the time has passed for bringing an appeal, or when an appeal has been registered, until it is concluded.

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What happened

13. I have included a summary of some of the key events in this complaint. This is not intended to be a comprehensive account of everything that took place.

Background

14. Z attended College X from September 2017 until August 2022. He then moved to College Y in September 2022, where he remained until July 2024.

Events

15. Z’s last annual review was held in January 2022, while he was attending College X.
16. In January 2024, Miss X complained to the Council regarding its failure to hold an annual review for Z since January 2022.
17. Z’s next annual review was held in June 2024, after which the Council decided to cease maintaining Z’s EHCP as he had turned 25.

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Analysis

Annual Review

18. The Council has acknowledged its failure to hold an annual review of Z’s EHCP on time, as required by statutory guidance. Z’s last review was held in January 2022, meaning the next review should have been completed by January 2023. However, the subsequent review was not held until June 2024—18 months after the statutory deadline. This significant delay constitutes a breach of the Council’s legal duty to ensure EHCPs are reviewed annually. While the Council has cited staff changes at College Y as a contributing factor, it remains ultimately responsible for ensuring that the review process is completed within the required timeframe. I have therefore made a finding of fault.
19. The delay has caused Z and Miss X an injustice. Firstly, it denied them the opportunity to assess and, if necessary, adapt Z’s provision, potentially impacting his educational and developmental progress during a critical period. Furthermore, the delay deferred important discussions about Z’s post-25 transition options until June 2024, just months before he aged out of EHCP eligibility.
20. Given that a decision was made to cease Z’s EHCP, the failure to hold an annual review earlier compressed the transition planning process, limiting Z’s ability to explore and prepare for adult learning, funding, or employment opportunities effectively. While the Council and College Y offered advice and signposting during the June 2024 review, this guidance and support could and should have been provided earlier.
21. While it is impossible to determine precisely what difference a timely annual review in January 2023 could have made, the delay represents a missed opportunity for Z to have his needs assessed and for appropriate adjustments or support to be identified at a crucial point in his educational journey. Timely reviews are essential to ensuring that young people with EHCPs receive the necessary support to achieve their goals and prepare for transitions, including those into adulthood. In this case, the prolonged delay undoubtedly reduced the scope for proactive planning and may have limited Z’s ability to explore and act upon post-25 opportunities in education, training, or employment.
22. The Council’s failure also caused stress and frustration for Miss X, who was forced to escalate the matter by lodging a formal complaint in January 2024. Although the Council has since offered apologies and attempted to provide mitigation at the delayed annual review, these actions do not negate the impact of its earlier inaction.
23. We acknowledge that the missed opportunity to review Z’s needs in a timely manner caused both Z and Miss X unnecessary uncertainty and stress. The Council recognises the importance of ensuring such delays do not occur in future cases. I find that a remedy is necessary to reflect the injustice caused by this failure.

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Agreed action

24. The Council will:
1. Pay Z an amount of £500 to reflect the delays and inaction that caused avoidable uncertainty, frustration, and missed opportunities to plan and prepare effectively for his transition into adulthood.
2. Pay Miss X an amount of £150 to acknowledge the distress and frustration caused by the Council’s failure to meet its statutory obligations, which required her to escalate the matter and lodge a formal complaint.
3. Review its procedures for monitoring and ensuring timely annual reviews of EHCPs to prevent similar delays in future. This should include clear escalation processes where schools or colleges are unable to meet deadlines, to ensure the Council fulfils its statutory responsibilities.
25. The Council will complete actions a to c within one month of the Ombudsman’s final decision and provide us with evidence it has complied with the above actions.

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Final decision

26. We have concluded our investigation making a finding of fault. We found fault with the Council for failing to meet the statutory deadline for the annual review. The Council has agreed to our recommendations to address the injustice caused by these delays.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman