The Council agreed to share a copy of our decision with relevant staff across its Special Educational Needs and Disability (SEND) service. It will remind staff that:the Council has a statutory duty to secure the SEN provision in a child’s Education, Health, and Care (EHC) plan, which it cannot delegate; and where a family raises concerns that an EHC plan is not being delivered, it should properly investigate and assure itself the provision is in place without delay.The Council agreed to share a copy of our decision with staff involved in the complaint response in this case. It will remind staff:about the timescales set out in its complaints procedure; and that when the Council accepts fault, it should consider how it can put things right for the complainant, in line with the Ombudsman’s guide, ‘Effective complaint handling for local authorities’.

The Council has agreed to make clearer for its Special Educational Needs Disabiity officers when Education Health and Care Plans are scheduled for review, when draft and final plans are due to be issued and is considering how it can improve its systems for checking that these are being completed to deadlines.The Council was at fault for delay in reviewing an Education Health and Care Plan by more than a year, delay in finalising the Education Health and Care Plan following the annual review, and delay in confirming its decision regarding the placement. It has agreed to share this decision with its education and children's services scrutiny committee.The Council has agreed to remind relevant staff that Education Health and Care plans need to be reviewed every 12 months.The Council has agreed to remind relevant staff that when the Council decides to amend an Education Health and Care Plan it must issue an amendment notice, alongside a draft, amended Plan for the parent or young person’s comments, within 4 weeks of the annual review meeting.The Council has agreed to remind relevant staff that the Council must issue a final Education Health and Care Plan and tell the parent or young person of their appeal rights, within 8 weeks of the amendment notice. Delay in doing so can frustrate or prevent the parent’s right to appeal to the Special Educational Needs and Disability Tribunal and causes avoidable uncertainty and frustration.