Council delayed carrying out “significant number” of EHC Plan annual reviews in 2024 and 2025: Ombudsman

Following an investigation, the Ombudsman acknowledged the council has shown it is now completing annual reviews “as it should” under statutory guidance, but the LGSCO will continue to “actively monitor” it’s progress.

During a previous investigation, the Ombudsman identified the council had stopped carrying out EHC Plan annual reviews for some children in its area.

It said: “We had reason to believe there was widespread systemic failure on the part of the council. Therefore, a separate investigation was launched to determine the scale of the problem.”

In September 2025, the Ombudsman asked the council several questions about the EHC Plan annual review process for 2024 and 2025.

The council response stated it did not formally postpone annual reviews. It explained a significant increase in EHC needs assessment required a “strategic decision to prioritise” the needs assessments.

During the investigation, the Ombudsman found that in March 2024, there were 1,146 overdue annual reviews.

By March 2025 there were 421 overdue annual reviews.

The Ombudsman report noted: “The council recognised its responsibility to fulfil its statutory duty to review EHC Plans each year. It said it was aware of the impact of its failings on children, young people and their families.

“The council has highlighted the delay in fulfilling its duty to completed EHC Plan annual reviews as a priority in the council’s action Plan. The council's special educational needs (SEND) strategic partnership board will ensure oversight of the Improvement Plan.”

Sandwell Metropolitan Borough Council has been approached for comment.

Lottie Winson