Summary: Ms Z complained on behalf of Mr Y and his mother, Ms X, that the Council: took too long to review Mr Y’s Education, Health and Care (EHC) plan, despite being aware he was not in education, failed to secure any of the provision in the EHC plan and failed to issue an amended plan or other decision which delayed their appeal rights; failed to act in line with Care Act duties. As a result, Mr Y missed out on education and social care support and the Council’s proposed remedy did not reflect the injustice to them.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

To remedy the injustice, we recommend the Council:

• pays Mr Y £4,400 to reflect the poor practice identified in this report which resulted in a loss of education;
• pays Ms X £250 to reflect her avoidable distress and time and trouble;
• apologises in writing to Mr Y and Ms X for the fault and injustice;
• completes its review of the annual review process including compliance with the statutory timescales set out in this report. We will require a copy of the review which should set out any changes to be made to SEN procedures; and
• arranges training with relevant officers about specific matters set out later in the report. 

Ombudsman satisfied with Council's response: 29 November 2022.

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