Summary

A mother (Mrs D) complains there were significant delays when the Council transferred her son, G's Statement of Special Educational Needs to an Education and Health Care Plan.

The complaint

Ms D complains about transfer of a statement into an Education, Health and Care (EHC) Plan, delay in completing an Annual Review of the EHC Plan, and delay in amending the EHC Plan. There was fault in the way the transfer review was carried out. The Council delayed completing the Annual Review of the EHC Plan. Having decided to amend the EHC Plan the Council then severely delayed issuing an amended EHC Plan. Ms D experienced a prolonged period of uncertainty and suspense as to the Council’s final decision on G’s special educational needs and appropriate provision and setting to meet needs. Prolonged delay also meant Ms D was not able to appeal to tribunal about G’s EHC Plan until January 2017

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendation

To remedy the complaint the Council has agreed to:

• apologise to Ms D in writing for the faults we have identified;
• pay Ms D £1,000 to acknowledge the distress and frustration caused by severe delay completing the Annual Review and amending an EHC Plan for G;
• review how it audits compliance with time frames for EHC Plan processes; and
• ensure appropriate action is taken on casework where there is significant overrun of statutory time frames.

 

Ombudsman satisfied with Council's response: 9 November 2018.

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