Summary: We have found the Council at fault for its delay in issuing a final amended Education, Health and Care Plan for Miss X’s son, Y ahead of his transfer to post-16 education. This resulted in Miss X and Y suffering avoidable distress. We have also found the Council at fault for failing to secure the support and provision in Y’s Plan. This missed provision caused Y an injustice. The Council has agreed to apologise, and make a payment to Miss X

The complaint

1. Miss X complained the Council did not deliver the education or the special educational need (SEN) support set out in her son’s Education, Health and Care (EHC) Plan. She said that it did not support him to attend the college that was named in his Plan, nor did it offer alternative provision. Miss X said that her son has missed a year’s education, and his anxiety and mental health has become worse as he does not leave the house.

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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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. 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(1), as amended)

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What I have and have not investigated

4. I have not investigated issues around the naming of the college in Y’s EHC Plan. Miss X could have appealed this but did not at the Council named the preferred college. The issue around the Campus was an internal college matter.
5. I have investigated the Council’s actions in relation to the issuing and maintenance of Y’s amended Final EHC Plan, and Y’s transition to college arrangements.

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How I considered this complaint

6. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
7. 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

Law and guidance

EHC Plans

8. A child or young person with special educational needs may have an Education, Health and Care (EHC) Plan. This document sets out the child’s needs and what arrangements should be made to meet them. The EHC Plan is set out in sections. We cannot direct changes to the sections about their needs, education, or the name of the educational placement. Only the Tribunal or the council can do this.

Transition planning

9. For young people with an EHC Plan, preparation for transition to adulthood must begin from year nine (age 13 to 14). Transition planning must consider the young person’s needs as they move towards adulthood. It should plan to support their choices for further education, employment, career planning, financial support, accommodation, and personal budgets where appropriate.

Post-16 – review, provision and naming placement deadline

10. For young people moving from secondary school to a post-16 institution or apprenticeship, the council must review and amend the EHC Plan – including specifying the post-16 provision and naming the institution – by 31 March in the calendar year of the transfer.

Maintaining the EHC Plan

11. The council has a duty to make sure the child or young person receives the special educational provision set out in section F of an EHC Plan (Section 42 Children and Families Act). The Courts have said the duty to arrange this provision is owed personally to the child and is non-delegable. This means if the council asks another organisation to make the provision and that organisation fails to do so, the council remains liable (R v London Borough of Harrow ex parte M [1997] ELR 62), (R v North Tyneside Borough Council [2010] EWCA Civ 135)

What happened

12. Miss X’s son, Y has SEN and an EHC Plan.

EHC Plan – naming of the college

13. In June 2024, following Y’s annual review, the Council consulted potential post-16 placements for Y to start in September 2024. This included a college. The college had two campuses; Campus A and Campus B. Miss X and Y’s preferred choice was Campus B as it was closer to home and quieter than Campus A.
14. Miss X applied on behalf of Y to college for a course designed to help students to develop confidence, independence and skills through emotional, social and educational support. She was told the course was full at both campuses. The college put Y on the waiting list.
15. The Council issued Y’s final amended EHC Plan at the end of June 2024. This named the college (but not a specific campus).

College Campus A place available

16. In September, Miss X complained to the Council. She said that the college had offered Y a place but at Campus A. She said this was too busy and noisy for Y. The Council told Miss X that it had named the parental preferred placement and Miss X would need to discuss the campus issue with the college directly.
17. The Council contacted the college and asked it to contact Miss X to resolve the issue. The college explained that Miss X had applied late for college and both campuses were full. It said that a place had become available at Campus A but not Campus B. It said that Y would need to take the space available, wait for a space to become available at Campus B or apply to another provider.
18. The Council told the college that because it had named the college in Y’s EHC Plan, if Y were to apply elsewhere, the college would need to carry out an annual review of Y’s EHC Plan.
19. The college said there were no spaces available at Campus B until September 2025. Y accepted the place at Campus A and was due to start after October half term.
20. In November, the college arranged for someone to meet Y on his first day to help with the transition. Y did not arrive at college on the arranged date. Miss X said he was anxious and refusing to go. The college told Miss X that it was the last day for Y to enrol, and he needed to attend to secure his place. Y did not enrol on the college course.

Next steps for Y

21. Miss X complained to the Council that it had failed in its duties regarding to the naming of the college, Y’s college application, interview and lack of transition activities.
22. The Council met with the college to discuss next steps for Y. The Council contacted Miss X and told her that the college had invited Y to make an application for Campus B for a September 2025. The Council also said that the college would be in touch with Miss X to arrange alternative provision (AP) for Y over the next academic year.
23. The Council sent information to the college about AP providers in the area and asked it to contact Miss X. The college responded and said because Y was not enrolled at the college it was not its responsibility to arrange AP.
24. The Council accepted that it was responsible for securing AP and told the college that it would work with the family to put support in place ahead of Y’s start date in September 2025.
25. The Council contacted Miss X. It asked whether she had applied for a place for Y at college (Campus B) for September 2025. It also asked for her permission to make a referral to an organisation that supports young people 15 to 18 years old who are currently not in education, employment or training.
26. The Council closed Miss X’s complaint regarding the Council’s alleged failure to secure an educational setting for Y. It said that the Council had been working proactively with Miss X and the college to support Y’s application to college and have put forward AP that may be suitable in the meantime.

Update

27. In March 2025, Miss X complained to the Council that Y was not receiving any provision. She said she did not receive a referral for an organisation to support Y. The Council said that it did not send Miss X a referral, it sent her a link to make her own referral.
28. The college made several attempts to contact Miss X to arrange Y’s starting date, transition days and enrolment at the college in September and October 2025. Y did not attend the arranged dates.

My findings

Delayed transition EHC Plan

29. The Council named the college and issued Y’s amended final EHC Plan at the end of June 2024. This was 3 months after the statutory deadline of 31 March for students transitioning to post-16 education. This was fault.
30. When Miss X applied for a college place for Y, there were no places available. On balance, if the Council had issued Y’s EHC Plan on time, Miss X would have applied sooner, and spaces could have been available. Although a space later became available at Campus A, this was not Miss X and Y’s preferred choice. The Council’s fault caused Miss X and Y the injustice of a missed opportunity.
31. The Council has agreed to apologise for the delay and make Miss X a symbolic payment of £500 in recognition of the delayed EHC Plan and distress caused by the missed opportunity.

No provision or transition support

32. In November 2024, the Council became aware that Y would not be starting college until September 2025. Although initially believing that the college was responsible for delivering AP to Y, it later acknowledged that it was responsible for securing the support Y needed.
33. We would expect clarity from the Council at this stage to ensure that Y received the provision in Section F of his EHC Plan. Other than a vague email sent to Miss X about AP and a referral, it did not take appropriate action to secure Y’s provision. This was fault.
34. This fault meant that Y did not receive the Section F provision between September 2024 and September 2025. The missed provision and support meant that Y suffered the injustice of missing a year of education and was unprepared to start college in September 2025.
35. The Council has agreed to apologise for its failure to secure the EHC Plan provision and make Miss X a symbolic payment of £900 in recognition of the missed provision.

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Agreed action

36. Within 4 weeks of my decision, the Council has agreed to:
1. Apologise to Miss X for the delayed EHC Plan and the missed provision.
2. Pay Miss X a symbolic payment of £500 for the distress caused by the EHC Plan delay.
3. Pay Miss X £900 in recognition of the missed provision.
4. Secure appropriate provision for Y in accordance with his EHC Plan.
37. The Council should provide us with evidence it has complied with the above actions.

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Decision

38. I find fault causing injustice. The Council has agreed to take action to remedy the injustice.

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Investigator's decision on behalf of the Ombudsman