Summary: Mr X complains on behalf of Ms Y that the Council failed to deal with Ms Y’s education properly, causing missed education provision and avoidable distress. The Council is not at fault.

The complaint

1. The complainant, whom I shall refer to as Mr X, complains on behalf of Ms Y, that the Council failed to deal with Ms Y’s education properly because it:
• Failed to complete Education, Health and Care (EHC) Plan annual reviews in 2021 and 2022
• Did not complete an EHC Plan annual review properly in May 2023
• Did not complete an EHC Plan annual review properly in October 2024
2. Mr X says Ms Y missed special educational needs provision, was denied a personal budget and suffered avoidable distress and uncertainty.

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The Ombudsman’s role and powers

3. 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)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. If we are satisfied with an organisation’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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What I have and have not investigated

6. I have investigated that part of Mr X’s complaint about how the Council dealt with the EHC Plan annual review in May 2023.
7. I have not investigated the EHC Plan annual reviews in 2021 and 2022 because Mr X could have complained about this earlier and this is a late complaint.
8. I have not investigated the EHC Plan annual review in 2024 because this is a premature complaint because the Council has not had an opportunity to respond to it.

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How I considered this complaint

9. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
10. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Law, guidance and policies

11. The council must arrange for the EHC Plan to be reviewed at least once a year to make sure it is up to date. The council must complete the review within 12 months of the first EHC Plan and within 12 months of any later reviews. The annual review begins with consulting the child’s parents or the young person and the educational placement. A review meeting must then take place. The process is only complete when the council issues its decision to amend, maintain or discontinue the EHC Plan. This must happen within four weeks of the meeting. (Section 20(10) Special Educational Needs and Disability Regulations 2014 and SEN Code paragraph 9.176) 
12. If the council decides not to amend an EHC Plan or decides to cease to maintain it, it must inform the child’s parents or the young person of their right to appeal the decision to the tribunal.
13. Where the council proposes to amend an EHC Plan, the law says it must send the child’s parent or the young person a copy of the existing (non-amended) Plan and an accompanying notice providing details of the proposed amendments, including copies of any evidence to support the proposed changes. (Section 22(2) Special Educational Needs and Disability Regulations 2014 and SEN Code paragraph 9.194). Case law sets out this should happen within four weeks of the date of the review meeting. Case law also found councils must issue the final amended EHC Plan within a further eight weeks.

What happened?

14. This is a brief chronology of key events. It does not contain everything I reviewed during my investigation.
15. An EHC Plan annual review was held for Ms Y in May 2023.
16. Mr X complained to the Council about annual reviews not having taken place for three years. He said he was unaware the 2023 review was being held and did not have sufficient information in order to contribute meaningfully to the process. The Council did not uphold his complaint.

Analysis

17. I have seen an email from the Council to Mr X in April 2023 which shows:
• A telephone conversation was held between Mr X and the Council about Ms Y’s EHC Plan,
• The Council proposed three dates for Ms Y’s EHC Plan annual review to take place.
• The Council sent Mr X documents to record both parental and Ms Y’s views in advance of the annual review taking place.
18. The annual review meeting was held on one of the three dates proposed by the Council in its email to Mr X.
19. The annual review record shows Mr X and the Council attended the meeting in May 2023 and he participated in discussion about Ms Y’s education.
20. During my investigation Mr X told me was unaware that this review took place in May 2023 and it only came to his attention during the October 2024 review.
21. I have seen a letter from the Council to Mr X which stated the Council intended to amend Ms Y’s EHC Plan following the May 2023 annual review meeting.
22. I have seen the updated EHC Plan which was sent to Mr X in June 2023. The cover letter to this clearly outlined Mr X’s rights of appeal about the updated EHC Plan.
23. The Council’s complaint response said, “There is no evidence within [Ms Y’s] case file to suggest that the review was not appropriately held. Whilst I accept you may not have been aware that it was a formal review of [Ms Y’s] provision, you contributed during the meeting and received a copy of the annual review report.”
24. Is it clearly evident that the Council:
• invited Mr X to attend the review meeting;
• invited Mr X to contribute towards the annual review meeting;
• held an annual review of Ms Y’s EHCP in May 2023;
• notified Mr X that it intended to amend Ms Y’s EHCP;
• sent Mr X an amended EHC Plan with his rights of appeal;
• all communications with Mr X explicitly referred to an EHC Plan annual review; and
• sent all communications within the statutory timeframes required.
25. The Council made clear the nature of the meeting in May 2023. The Council complied with the necessary actions and timeframes regarding the May 2023 EHC Plan annual review. This is not fault by the Council.

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Decision

26. I find no fault.

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Investigator's decision on behalf of the Ombudsman