Council recommended to pay £13k for SEND support failings uncovered by Ombudsman

The woman behind the complaint, Mrs X, complained that after an emergency review took place in 2023, the council took almost two years to issue a revised Education Health and Care (EHC) Plan for her child.

She told the Ombudsman that as the school named on the EHC Plan would not admit her child, they were effectively left without education during their GCSE year.

Outlining the background to the case, the report noted that in the winter term of 2023, the child’s school reported to both Mrs X and the council that it could no longer provide education for her child.

An emergency review took place for her child’s EHC Plan, which had remained unchanged since 2020.

According to Mrs X, the council said the review should be completed by May 2024, however it did not meet this deadline.

In June 2024, the council proposed the school re-admit Mrs X’s child, however the school had previously told the council that this was not possible.

The council told the Ombudsman that online provision was provided by the school from the winter term of 2023 through to the end of the academic year in the summer of 2024. Also, a timetable was put in place with a tutor visiting.

The council agreed to look at alternative provision from September 2024 however nothing was arranged. This led to a formal complaint in November 2024.

Mrs X escalated the complaint to her MP in March 2025, and the council apologised and confirmed that it would investigate.

The council told the Ombudsman that tutoring and mentoring began in February 2025.

The report said: “Mrs X disputes the start date and explains the tutor only provided five or six sessions before having training and then going off sick before this was stopped by June 2025. She says that no mentoring sessions took place despite the council promising this.”

The council issued a revised EHC Plan in September 2025.

Analysing the case, the Ombudsman said: “The council must review an EHC Plan at least once per year. The last substantive review of the EHC Plan had taken place in 2020. Reviews took place in 2021 and 2023 which kept the existing plan in place. However, the school named on the review wrote to the council to say that it could no longer provide educational provision.

“I consider it correct the council agreed to carry out an emergency review following the discovery of this information. However, I find fault that it took it almost two years to complete this. Under the regulations set out above, the council had 12 weeks in total following a review meeting to produce and amend the plan.”

The Ombudsman noted that by failing to complete the review, no new school could be named to provide education provision for Mrs X’s child.

Turning to educational provision, the Ombudsman said: “The council’s responsibility to provide the provision set out in the EHC Plan is non-delegable. Therefore, when Mrs X’s child stopped attending school it had the responsibility to ensure that they still received the provision set out in the EHC Plan.

“After Mrs X’s child stopped attending school in the winter term of 2023, I note that some online provision was provided by the school. In the spring term of 2024 online provision and a tutor was provided.

“Mrs X confirms that in September 2024 her child started a key year of education as they were due to sit their GCSEs. The council says that it at first offered a placement however after this I note that no education was provided. When provision was provided it was limited according to Mrs X.”

The Ombudsman considered the lack of appropriate full-time education to have caused an injustice to Mrs X.

To remedy the injustice caused, the council was recommended to:

• Provide a written apology to Mrs X and her child for the unnecessary and avoidable distress caused by the failure to secure appropriate provision and the delay in reviewing the Education Health and Care Plan.
• Pay £12,000 for the failure to provide full, suitable provision for the winter term 2023 through to summer term 2025.
• Pay £1,000 for the delay in completing a review of the Education, Health and Care Plan for almost two years.

Staffordshire County Council has been approached for comment.

Lottie Winson