The Local Government and Social Care Ombudsman has issued a reminder to councils that Education, Health and Care Plans (EHCPs) must be reviewed during key stage transitions, even if a child remains at the same school. This clarification comes amid a continued rise in upheld complaints about SEND provision, with nearly all investigated cases revealing faults.
The advice follows a case involving Warwickshire County Council, which failed to update a child's EHCP before the move from primary to secondary education. The council wrongly believed that, because the child was not moving school, it was not bound by the 15 February statutory deadline. The Ombudsman ruled that this was incorrect and that the obligation to review applies at the point of phase transfer, regardless of whether a school change occurs.
Ombudsman Amerdeep Somal highlighted that decisions about school placement should not be made until after a full EHCP review, in line with legal requirements. She urged councils nationwide to review their procedures to ensure compliance with statutory timelines.
As a result of the complaint, Warwickshire has agreed to apologise, pay £300 in compensation for the distress caused, and issue updated internal guidance. The Ombudsman continues to use such cases to promote better practice across public and social care services.
