Summary: Miss X complains the Council failed to share her son’s final EHC plan with his education and health care providers. The Council’s failure to send a copy of Y’s EHC plan to Birmingham Children’s Hospital amounts to fault. The Council will apologise for this error.

The complaint

1. The complainant, whom I shall refer to as Miss X complains the Council failed to share her son’s final EHC plan with his education and health care providers, which led to a lack of understanding of his complex medical needs, physical and mental health and how they impact on his ability to learn and communicate.

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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)

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How I considered this complaint

4. As part of the investigation, I have:
• considered the complaint and the documents provided by Miss X;
• made enquiries of the Council and considered the comments and documents the Council provided;
• discussed the issues with Miss X;
• Miss 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

Key facts

5. The Council issued a final EHC plan for Miss X’s son Y in August 2019. Miss X states she was unaware until August 2020, when arranging an annual review, that Y’s college had not received a copy of the final EHC plan. Miss X complained to the Council who confirmed it had sent a copy of the final plan to the principal of Y’s college. The Council confirmed that all EHC plans issued for young people attending this college were sent to the principal rather than to the specific site they attended.
6. Miss X disputed this and asserted the Council had agreed to send all EHC plans to a specific officer at the college, Officer 1 rather than the principal. She asked for her complaint to be considered further. Miss X also questioned how the Council had shared Y’s finalised EHC with health services.
7. In its response, the Council reiterated it had sent Y’s EHC plan to the principal of the college as this was the practice for all EHC plans for young people attending the college. The Council also confirmed it had sent a copy of Y’s final EHC plan to Derbyshire Healthcare NHS Foundation Trust. The expectation is that the Trust then share the information with the relevant NHS services. The Council acknowledged this may not have happened effectively, and some professionals involved in Y’s health care may not have received the final plan.
8. Derbyshire Healthcare NHS Foundation Trust advised Miss X that it distributes EHC plans to anyone the young person has an open referral with within its area. But is not responsible for sending plans to other authorities outside its area.
9. Miss X is concerned Birmingham Children’s Hospital did not receive a copy of Y’s final EHC plan. She states Birmingham Children’s Hospital provides Y’s main health care support and contributed towards his EHC plan. It should therefore have received a copy of the final plan.
10. As the college was involved in the EHC plan process and had received a copy of the draft plan, Miss X states it was able to provide most of the provision Y required. However, she believes that not having a final copy of the plan meant that not all of Y’s tutors were aware of his medical conditions and the impact this had on his learning and social interaction.
11. Similarly, Miss X asserts the failure to send a copy of Y’s final plan to Birmingham Children’s hospital meant that medical professionals were not aware of Y’s communication difficulties. Miss X is concerned about the psychological impact on Y of Miss X having to repeatedly talk about and explain his communication issues, in front of him, at medical appointments.
12. In response to my enquiries the Council states that when it sent Y’s final EHC plan to the college in August 2019 the agreement in place was for all plans to be sent to the principal. This is the same for all schools, colleges, and other providers. The head or principal is the point of contact. Having sent the plan to the principal, the Council expected the college to share the plan in accordance with its internal processes.
13. The Council states it had not agreed Officer 1 as the single point of contact at that time. Officer 1 raised concerns in the Autumn term of 2019 that she did not always receive copies of the final plans, and the Council has since listed her as the point of contact for the college.
14. The Council acknowledges that as Y was receiving support from Birmingham Children's Hospital, it should have sent a copy of the final plan directly to them. The Council will apologise to Miss X for this oversight.

Analysis

15. The Council must send a copy of the final EHC plan to:
• the child’s parent or the young person,
• the governing body, proprietor or principal of any school, college or other institution named in the EHC plan, and
• the relevant Clinical Commissioning Group (CCG).
16. There is no evidence the Council was at fault in sending Y’s plan to the principal of the college. This was the procedure in place at the time. Having issued the final plan, the Council is entitled to expect the college will share the plan with the appropriate college staff, and to put in place the provision set out in the plan.
17. It is unclear how the principal shared Y’s EHC plan, or who it was shared with. Officer 1 did not receive a copy, but it would appear Y did receive the specified provision. There is no evidence Miss X raised concerns about the provision Y received at the college during the 2019/20 academic year.
18. As Y was receiving support from both Derbyshire Healthcare NHS Foundation Trust and Birmingham Children's Hospital, the Council should have issued copies of Y’s final plan to both. The failure to send a copy of the plan to Birmingham Children's Hospital amounts to fault.
19. Having identified fault, I must consider whether this has caused Y or Miss X a significant injustice. There is no evidence Y has missed out on any health provision specified in Section G of his plan as a result of the fault identified.
20. Miss X states that had the Council shared the plan medical professionals would have been aware of Y’s communication difficulties. She would not then have needed to explain his difficulties or why, despite Y’s age, she needed to be involved in his appointments; and would have spared Y the distress this caused.
21. However, I note that Y was receiving support from Birmingham Children’s Hospital prior to August 2019, when the plan was finalised. Miss X and Y had already met his consultants and had these discussions, and the service would be aware of Y‘s needs and Miss X’s involvement in his care. I do not therefore consider the Council’s failure to send a copy of Y’s EHC plan to the hospital has caused Y a significant injustice, which requires a financial remedy.

Agreed action

22. The Council has agreed to apologise to Miss X for the failure to send a copy of Y’s final EHC plan to Birmingham Children’s Hospital.
23. The Council should take this action with one month of the final decision on this complaint.
24. The Council has also agreed to provide staff training/reminders to ensure that where a child or young person is receiving support from more than one NHS Trust or CCG, a copy of the final EHC plan is sent to all relevant NHS organisations.
25. The Council should take his action within two months of the final decision on this complaint.

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Final decision

26. The basis the Council’s failure to send a copy of Y’s EHC plan to Birmingham Children’s Hospital amounts to fault. The Council will apologise for this error.

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Investigator's decision on behalf of the Ombudsman