Nearly 100 children and young people with Education Health and Care (EHC) plans in the North East have not had their support updated properly by Stockton on Tees Borough Council, the Local Government and Social Care Ombudsman has found.

The issue came to light during an Ombudsman’s investigation, after a mother complained her teenager had missed out on a significant amount of support, and had been out of school for a long period, because their EHC plan had not been maintained properly.

The mother was concerned the council had not correctly followed the annual EHC plan review process, which meant information about the support the teenager needed was out of date. She said the council had sent her letters for two years stating it had carried out an annual review of the plan, when in fact it had not done so.

On one occasion, the date the council untruthfully claimed the review had taken place was a Saturday. The letter also referenced consulting with the teenager’s school before deciding it did not need to change the EHC plan when they were not in school at the time.

During the Ombudsman’s investigation into the mother’s complaint, the council admitted nearly 100 other children and young people had also received a letter which incorrectly stated annual reviews had taken place.

Ms Amerdeep Somal, Local Government and Social Care Ombudsman, said:

“Annual reviews are designed to ensure EHC plans still meet the child or young person’s needs, and measure how they are achieving against their targets.

“Without carrying out an annual review, councils have no way of knowing whether they are fulfilling their requirements.

“I am alarmed that the council would send such mendacious letters to nearly 100 families of vulnerable children saying review meetings have taken place when the council was aware they haven’t.

“The council told me it issued the letters to comply with its statutory duties – but its duty is to carry out the yearly reviews, not to untruthfully say it has done so.

“We recognise councils are under increasing pressure to complete the various stages of the EHC process in the timescales required by law given the significant increase in children and young people with EHC plans. Nevertheless, we must hold councils to account. We welcome the council’s openness to telling us about the letters it sent to other families.

“I hope both Stockton on Tees and other councils can learn lessons from this case and the changes the council has agreed to make will ensure it has a firmer grip on the EHC plan review process in future.”

The Local Government and Social Care Ombudsman remedies injustice and shares learning from investigations to help improve public, and adult social care, services. In this case the council has agreed to apologise to the mum and young person in the initial complaint, and pay them £5,900 to recognise the impact of the missed education and the frustration caused by the decision letters that stated the annual reviews had taken place.

The council will also write to the 99 families it had identified as also receiving incorrect letters to invite them to contact the council and consider whether an interim review of the EHC plan is necessary.

The Ombudsman has the power to make recommendations to improve processes for the wider public. In this case the council will develop an action plan to ensure every child and young person has an annual review every year.

It will also review its procedures for delivering Education Otherwise Than at School (EOTAS) provision in EHC Plans, to ensure it properly assesses what provision is required and develops processes to check the provision is in place and it acts on any concerns.

Article date: 14 August 2025