A growing number of complaints involving special educational needs and disability (SEND) provision and education, health and care (EHC) plans are being upheld by the local government ombudsman.

This year (1 April to date), the Local Government and Social Care Ombudsman (LGSCO) has upheld 80% more cases involving SEND and EHC plans than in the same period last year.

Since April this year, the ombudsman has upheld 308 related cases; in the equivalent period in 2022, it had upheld 168.

The LGSCO also said it had seen a ‘significant increase’ in cases relating to SEND assessment and reviews.

Cases involving the ombudsman have involved children with SEND being without a school placement for extensive periods of time.

Complaints also involve delays to councils drawing up EHC plans. In some cases, this was caused by a shortage of educational psychologists (EPs) to inform councils’ work on the plans.

Research published by the Department for Education (DfE) in June found that 88% of councils were struggling to recruit EPs, while a third were struggling to retain them.

Jake Runacres, policy officer at the National Autistic Society, said: ‘Parents should not have to resort to making formal complaints in order to secure the right help and support for their children at school. ‘

But the SEND system is simply not working for many autistic children, and their families are left fighting to get the support they need.’

The LGSCO said its data on complaints is provisional and will go through a verification process later in the year.