Overview:

Key to names used

• Mrs X The complainant
• Y Her son

Summary

Mrs X complained about the Council’s decision to not treat Y’s Education, Health and Care Plan review as a key-stage phase transfer review. She also complained about the Council’s complaint handling. She says the lack of a review frustrated her appeal rights, which has consequently left her son without provision and has caused stress.

Finding

Fault found causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

We also recommend that, within three months of the date of this report, the Council:

• apologise to Mrs X. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology we have recommended in our findings;

• pay Mrs X £300 for the frustration and distress caused by the delay in issuing Y’s EHC Plan and the resulting delay in Mrs X accessing her appeal rights; and

• issue guidance to staff advising that, irrespective of a child not changing educational establishment, councils must review a child’s EHC Plan in line with the statutory guidelines when a child is changing a phase of education.

The Council has accepted these recommendations.

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