Councils must review SEN needs before Key Stage transfers, even if pupil is remaining at same school: Ombudsman

This comes after the Ombudsman investigated a complaint from a Warwickshire parent that the council had not carried out a review of their child’s Education, Health and Care Plan (EHCP) in their key-stage transfer year between primary and secondary school.

The council had told the parent that because the child was not going to be moving school setting, it did not have to issue their new plan by the statutory deadline of 15 February.

However, the Ombudsman found fault with the council’s stance.

To remedy the injustice caused, the council was recommended to pay £300 to the child’s parent, for the “frustration and distress” caused by the delay in issuing the EHCP.

It was also told to issue guidance to staff advising that councils “must review EHC Plans in line with statutory guidelines when a child is changing a phase of education”.

According to the Ombudsman, the council has agreed to the recommendations.

Amerdeep Somal, Local Government and Social Care Ombudsman, said: “The courts have made it clear that it is the phase transfer that triggers the duty to review EHC Plans by 15 February, and not a change in educational placement.

“The council could not have decided the child would not be moving schools until it had completed its annual review of their EHC Plan so it needed to complete the phase transfer to establish if they would stay.

“This incorrect approach to EHC Plan reviews is something we have seen being taken in council areas across the country. I would urge those doing this to check their processes to ensure they follow statutory timelines correctly.”

A spokesperson for Warwickshire County Council said, “We acknowledge the findings of the Local Government and Social Care Ombudsman regarding the statutory responsibilities of councils to review Education, Health and Care Plans during key stage transfers, regardless of whether a child is changing school setting. 

“We sincerely apologise to the family affected in this case for the frustration and distress caused by the transfer review meeting not taking place.  

“In line with the Ombudsman’s recommendations, we have issued updated guidance to all relevant staff, reviewed and strengthened our internal processes and committed to on-going training and quality assurance. 

“We recognise that similar practices may exist across other local authorities, and we welcome the clarity provided by the Ombudsman’s public information notice. It reinforces the importance of consistent practice across the sector. 

“We are fully committed to learning from this case and from all opportunities for reflection and improvement to enhance the quality of our services for children and young people with special educational needs and disabilities. We will continue to work closely with families, schools, and partners to ensure that every child receives the support they need to thrive.” 

Lottie Winson