Councils need to review children’s special educational needs in the run-up to Key Stage transfers, even if they are staying at the same school, the Local Government and Social Care Ombudsman has said.

The reminder comes after the Ombudsman investigated a complaint from a Warwickshire parent that the county council had not carried out a review of their child’s Education, Health and Care Plan in their key-stage transfer year between primary and secondary school.

Warwickshire County Council had told the parent that because the child was not going to be moving school setting, it did not have to issue their new plan by the statutory deadline of 15 February.

The parent complained to the Ombudsman who found fault with the council’s stance.

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

“The courts have made it clear that it is the phase transfer that triggers the duty to review EHC Plans by 15 February, and not a change in educational placement.

“The council could not have decided the child would not be moving schools until it had completed its annual review of their EHC Plan so it needed to complete the phase transfer to establish if they would stay.

“This incorrect approach to EHC Plan reviews is something we have seen being taken in council areas across the country. I would urge those doing this to check their processes to ensure they follow statutory timelines correctly.”

The report comes following the Ombudsman’s review of local government complaints which highlighted a continued increase in the number of complaints it was receiving about special educational needs provision. In its review the Ombudsman said it was now upholding 94% of complaints investigated about special educational needs services.

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 parent and pay them £300 for the frustration and distress caused by the delay in issuing the EHC Plan.

The Ombudsman has the power to make recommendations to improve processes for the wider public. In this case the council has agreed to issue guidance to staff advising that councils must review EHC Plans in line with statutory guidelines when a child is changing a phase of education.

Article date: 24 July 2025