Summary: The Ombudsman carried out an investigation about not completing Education, Health and Care (EHC) Plan annual reviews for children in its area. We asked the Council questions about the widespread impact of this action. The Council was at fault. It delayed carrying out a significant number of EHC Plan annual reviews for children in its area in 2024 and 2025. The action proposed by the Council to address the issue is a suitable remedy.

The complaint

1. Section 26D of the Local Government Act 1974 gives us the power to investigate matters coming to our attention during an investigation if we think a member of the public has or may have suffered an injustice as a result.
2. During another investigation completed by the Ombudsman we identified the Council stopped carrying out EHC Plan annual reviews for some children in its area.
3. We had reason to believe there was widespread systemic failure on the part of the Council. Therefore, a separate investigation was launched to determine the scale of the problem.

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The Ombudsman’s role and powers

4. We may investigate matters coming to our attention during an investigation, if we consider that a member of the public who has not complained may have suffered an injustice as a result. (Local Government Act 1974, section 26D and 34E, as amended)
5. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
6. 
   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)
7. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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How I considered this complaint

8. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
9. Mr 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

Background information

10. 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. 
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) 

What happened

12. In September 2025 I asked the Council several questions about the EHC Plan annual review process for 2024 and 2025.
13. My questions focused on not completing some reviews, the scale of the issue, and the plans of the Council to address the delay.
14. The Council response stated it did not formally postpone annual reviews. It explained a significant increase in EHC needs assessment required a “strategic decision to prioritise” the needs assessments. The Council confirmed focusing on the needs assessments resulted in it not completing some annual reviews.
15. The Council response confirmed it completed all phase transfer reviews and amended EHC Plans for transition. It confirmed if a change of placement was requested, it held the review.
16. The Council acknowledged this placed pressure on families and schools. The Council confirmed it is now scheduling all annual reviews in line with the statutory requirements.

My findings

17. In March 2024, there were 1,146 overdue annual reviews.
18. In September 2024, there were 782 overdue annual reviews.
19. In March 2025, there were 421 overdue annual reviews.
20. The Council recognised its responsibility to fulfil its statutory duty to review EHC Plans each year. It said it was aware of the impact of its failings on children, young people and their families.
21. The Council has highlighted the delay in fulfilling its duty to completed EHC Plan annual reviews as a priority in the Council’s action Plan. The Councils special educational needs (SEND) strategic partnership board will ensure oversight of the Improvement Plan.
22. The Council has shown it acted to improve its service and is now completing annual reviews as it should under statutory guidance. The Ombudsman will continue to actively monitor the Council progress against its action plan.

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Decision

23. I find fault by the Council.

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Investigator's decision on behalf of the Ombudsman