William Eichler 07 March 2018

Ombudsman upholds 80% of complaints about special educational needs support

The Ombudsman responsible for investigating concerns over local government services has revealed his office has upheld eight out of 10 complaints about Education and Health Care Plans (EHCPs).

Under the Children’s and Families Act (2014), local authorities are required to replace Statements of SEN - which outline a child’s special educational needs - with EHCPs by April 2018.

An EHCP is a legal document describing a young person’s special educational, health and social care needs, and outlining the extra support they may require. They represent a more holistic approach to supporting those with special needs.

The Local Government and Social Care Ombudsman has, however, warned there are ‘significant delays’ - sometimes by up to 90 weeks - in the switch-over.

Ombudsman Michael King said his office has investigated 140 complaints regarding EHCPs and has upheld eight out of 10.

As well as delays, these complaints concerned failures to involve parents and young people properly in the decision-making process, not gathering sufficient evidence to inform decisions, and a lack of proper forward planning when young people move between key educational stages.

‘We know many authorities are struggling to meet the April deadline for transferring Statements, and I want to stress they need to ensure provision remains in place if transfers to EHC Plans have not occurred by the deadline,’ said Mr King.

‘In the cases that come to us, we are seeing worrying patterns of delay, inadequate evidence gathering and poor administration and this is having a significant impact on the children and families the new plans were designed to help.’

A Local Government Association (LGA) analysis last year found children’s services were facing a £1.9bn funding gap by 2020 - a fact Mr King acknowledged but said would not affect his decisions.

‘While we recognise the increasing pressure on children’s services departments,’ he said, ‘we will continue to make decisions based on the law, guidance and rights and not on diminishing budgets.’

LocalGov Weekly Round Up image

LocalGov Weekly Round Up

William Eichler, editor of LocalGov.co.uk, reflects on the stories that captured readers’ attention this week.
SIGN UP
For your free daily news bulletin
Highways jobs

Senior Product Support Analyst

Essex County Council
£33512.0000 - £39425.0000 per annum
Senior Product Support AnalystPermanent, Full Time£33,512 to £39,425 per annum Location
Recuriter: Essex County Council

Independent Reviewing Officer

Essex County Council
£46574.0000 - £56027.0000 per annum
Independent Reviewing OfficerPermanent, Full Time£48,205 to £57,988 per annumLocation
Recuriter: Essex County Council

Social Worker - Children and Families Hub

Essex County Council
£37185.0000 - £50081.0000 per annum
Social Worker - Children and Families HubPermanent, Full Time£37,185 to £50,081 per annumLocation
Recuriter: Essex County Council

Library Manager Service Development

North Yorkshire Council
£51,356 - £55,539
Are you passionate about the future of public libraries and the role they play at the heart of communities? Northallerton, North Yorkshire
Recuriter: North Yorkshire Council

School Crossing Patrol

North Yorkshire Council
£12.85 - £13.47
Do you have some spare time in the morning and/or afternoon? Knaresborough, North Yorkshire
Recuriter: North Yorkshire Council
Linkedin Banner