Summary: Mr X complained that the Council failed in July 2018 to conduct a proper annual review of his son’s (B’s) Education, Health and Care (EHC) Plan and delayed in issuing the Plan. Mr X says that because of the Council’s fault, some aspects of B’s health provision were removed wrongly from his Plan.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

The Council should:

• make a payment of £750 to B for his lost opportunity to have his health needs considered properly. His parents can use this in a way they consider will benefit him;
• make a payment of £750 for Mr X’s avoidable distress, frustration and time and trouble; and
• arrange a meeting between the Council, the parents and the Designated Clinical Officer to see if it is possible to resolve the continuing disagreement, instead of a retrospective review.
• explain to us what difference has been made to the joint working communication arrangements with the Clinical Commissioning Group (CCG), which might prevent a recurrence of the faults in this case;
• provide evidence that it now has a formal process to deal with a CCG’s request to remove aspects of health provision from a Plan, which gives parents/pupils, and the Council, a proper opportunity to consider such a request; and
• show how it now ensures that it issues amended and final EHC Plans after an annual review without delay.

Ombudsman satisfied with Council's response: 2 August 2021.

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