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.’

SIGN UP
For your free daily news bulletin
Highways jobs

Minerals Monitoring and Compliance Officer

Durham County Council
Grade 9 £35,412 to £39,152 per annum
We are looking for an experienced individual who has the knowledge of service planning issues relating to development management and monitoring / comp Durham
Recuriter: Durham County Council

Care Support

Durham County Council
Grade 4 £25,583 - £26,824
We have a permanent post available within the Pathways Service - which provides day services Monday to Friday to adults with complex needs. We have 1 Peterlee
Recuriter: Durham County Council

Classroom Teacher

Durham County Council
£37,101 - £45, 352
Classroom Teacher (across KS1 and LKS2) Required to start 1st September 2026   The children, staff and governors of Sedgefield Primary are looking to Sedgefield
Recuriter: Durham County Council

Class Teacher- EYFS Lead

Durham County Council
£45, 352 - £51,048
The children, staff and governors of Sedgefield Primary are looking to appoint an enthusiastic and hard-working Reception Teacher to join our strong t Sedgefield
Recuriter: Durham County Council

Teaching Assistant

Durham County Council
£26,403 - £28,598
At Howletch Lane we are commited to providing a nurturing and inclusive environment where every child can thrive academically, socially and emotionall Peterlee
Recuriter: Durham County Council
Linkedin Banner