Summary: We have found the Council at fault for its poor communication about the alternative provision available to Mrs X’s son. We also found fault with the Council for delays during the post-16 annual review process. This fault caused avoidable distress to Mrs X and her son. The Council has agreed apologise and make a symbolic payment.

The complaint

1. Mrs X complained the Council failed to resolve some of the issues identified in her previous upheld complaint. She said her son, Y, who has an Education, Health and Care (EHC) Plan remained without education from September 2024. She said the Council delayed his annual review which was needed early in Year 11 to plan for post-16 education.

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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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

5. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
6. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Law and guidance

EHC Plan

7. 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.

Reviewing EHC Plans

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 then take place. The process is only complete when the council issues its decision to amend, maintain or cease to maintain the EHC Plan. This must happen within four weeks of the meeting. (Section 20(10) Special Educational Needs and Disability Regulations 2014 and SEN Code paragraph 9.176)

Post-16 – review, provision and naming placement deadline

9. For young people moving from secondary school to a post-16 institution or apprenticeship, the council must review and amend the EHC Plan – including specifying the post-16 provision and naming the institution – by 31 March in the calendar year of the transfer.

Section 19 duty

10. Section 19 of the Education Act 1996 says that councils must arrange suitable alternative educational provision when it finds that a child is unable to attend school because of a permanent exclusion, an illness, or for any other reason which make the school inaccessible to the child. The alternative educational provision must be suitable to the child’s age, ability and aptitude, and any special educational needs they have.

Guide for practitioners

11. We publish good practice guidance on how we expect councils to fulfil their responsibilities to identify and arrange alternative educational provision: Supporting children out of school (October 2025)
12. Our guidance says that councils should keep all cases of part-time education under review with a view to increasing when the child is able.
13. Where councils arrange for schools or other bodies to carry out their functions on their behalf, the council remains responsible. Therefore, councils should retain oversight and control to ensure their duties are properly fulfilled.

What happened

Background

14. Mrs X brought a complaint about her son’s missed education to the Ombudsman in 2023. We issued a final decision in September 2024. We found the Council at fault for delays during the EHC Plan annual review process and delay securing alternative provision when Y was not attending school.
15. The Council agreed that it owed a section 19 duty and agreed to provide Y’s school with additional funding. This was for the school to commission alternative provision for Y while he remained on the school roll from April 2024 until July 2025.
16. The Council said that it agreed that from September 2024, Y could continue to access:
• a therapeutic programme to gain confidence and life skills for one day a week.
• a construction training programme with maths and English provision.
• tuition from a school staff member in his home one day a week with a view to accessing this at school when he is ready.

Alternative provision since September 2024

17. The Council did not contact Mrs X or Y to confirm AP provision in the autumn term (2024).
18. In January 2025, the Council established that Y was no longer attending the construction or therapeutic programmes. Y’s school had confirmed that school staff would continue to visit Y at home. They would work with him on a 1-1 basis for 3 days per week to study maths and English in preparation for functional skills examinations in May 2025.
19. The construction programme kept a placement open to Y until Easter 2025. The school continued to offer provision for the remainder of year 11. The Council said that Y’s engagement was minimal.
20. In June 2025, Mrs X brought her complaint to the Ombudsman.

Post-16 annual review

21. The Council held an annual review meeting to discuss Y’s EHC Plan and his post-16 options in December 2024.
22. The Council said that Y had expressed an interest in attending a local college during his annual review meeting. The Council said that it had told him, and Mrs X that he needed to apply for his preferred course. Y applied late for a college place.
23. The Council sent a draft amended Plan to Mrs X in May 2025. Mrs X did not make comments on the proposed Plan or indicate a preference for Y’s post-16 provision.
24. In June 2025, Mrs X brought her complaint to the Ombudsman.

Update

25. In July 2025, the Council contacted Mrs X as it had not received any comments from her on the draft EHC Plan. Mrs X said she did not wish to comment.
26. The Council issued a final amended EHC Plan in July 2025. This contained details about Y’s transfer to post-16 education and named a type of placement but not a specific college.
27. In January 2026, the Council arranged for someone to visit Y at home to discuss vocational pathways. The Council agreed that Mrs X would discuss options with Y ahead of an annual review arranged for February 2026.

My findings

Alternative provision

28. The Council admitted that it delayed in contacting Y or Mrs X in the autumn term (September 2024) to clarify the current AP position. I have found fault here. The Council accepted its section 19 duty and was responsible for keeping Y’s AP provision under review. This lack of intervention from the Council meant that it only became aware that Y had stopped attending two of the three AP programmes in January 2025.
29. This fault caused Mrs X and Y uncertainty and frustration. However, given Y’s previous limited engagement with the AP, on balance, I do not consider that the lack of intervention caused Y to miss out on education.
30. In its response to my enquiries, the Council offered a payment of £300 in recognition of the distress caused by the poor communication with Mrs X and Y in relation to AP that could have been accessed by Y in the autumn term. This is inline with our guidance on remedies.

Post-16 review

31. The Council acknowledged that it did not issue Y’s final amended EHC Plan by the statutory deadline of 31 March. It said this was due to the annual review being delayed and the high volume of post 16 amended EHC Plans it was processing at the time.
32. This fault caused Mrs X and Y uncertainty and delayed their appeal rights.
33. Given that Mrs X and Y did not apply for any college placements or cited a preference for a specific college during the EHC Plan process, on balance, I do not consider that the delays caused Y to miss out on education or a college placement.
34. In response to my enquiries, the Council offered a payment of £200 in recognition of the injustice caused by the delayed EHC Plan process. This, coupled with the distress payment for the delayed AP, is in line with our guidance on remedies which suggests a remedy payment for distress of up to £500.

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Agreed action

35. Within 4 weeks of my decision, the Council has agreed to:
1. Apologise to Mrs X and Y for the poor communication in relation to alternative provision and for the delays during the post-16 annual review of Y’s EHC Plan.
2. Make Mrs X a symbolic payment of £500 in recognition of the injustice caused by poor communication and delays.
36. The Council should provide us with evidence it has complied with the above actions.

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Decision

37. I find fault causing injustice. The Council has agreed to take action to remedy this injustice.

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Investigator's decision on behalf of the Ombudsman