Council wrote to 99 families claiming untruthfully that EHC Plan reviews had happened: Ombudsman

The local authority said it is currently undertaking an internal review "to understand how the historical processes which led to this occurred".

The Ombudsman said the issue came to light after a mother complained her teenager had missed out on a significant amount of support, and had been out of school for a long period, because their EHC plan had not been maintained properly.

The mother was concerned the council had not correctly followed the annual EHC plan review process, which meant information about the support the teenager needed was out of date.

She said the council had sent her letters for two years stating it had carried out an annual review of the plan, when in fact it had not done so.

According to the Ombudsman, on one occasion, the date Stockton on Tees untruthfully claimed the review had taken place was a Saturday.

The letter also referenced consulting with the teenager’s school before deciding it did not need to change the EHC plan when they were not in school at the time.

Stockton on Tees subsequently admitted nearly 100 other children and young people had also received a letter which incorrectly stated annual reviews had taken place.

The council has agreed to apologise to the mother and young person in the initial complaint, and pay them £5,900 “to recognise the impact of the missed education and the frustration caused by the decision letters that stated the annual reviews had taken place”.

Stockton on Tees will also:

• write to the 99 families it had identified as also receiving incorrect letters to invite them to contact the council and consider whether an interim review of the EHC plan is necessary;
• develop an action plan to ensure every child and young person has an annual review every year; and
• review its procedures for delivering Education Otherwise Than at School (EOTAS) provision in EHC Plans, “to ensure it properly assesses what provision is required and develops processes to check the provision is in place and it acts on any concerns”.

Amerdeep Somal, Local Government and Social Care Ombudsman, said: “Annual reviews are designed to ensure EHC plans still meet the child or young person’s needs, and measure how they are achieving against their targets.

“Without carrying out an annual review, councils have no way of knowing whether they are fulfilling their requirements.

“I am alarmed that the council would send such mendacious letters to nearly 100 families of vulnerable children saying review meetings have taken place when the council was aware they haven’t.

“The council told me it issued the letters to comply with its statutory duties – but its duty is to carry out the yearly reviews, not to untruthfully say it has done so.”

She added: “We recognise councils are under increasing pressure to complete the various stages of the EHC process in the timescales required by law given the significant increase in children and young people with EHC plans. Nevertheless, we must hold councils to account. We welcome the council’s openness to telling us about the letters it sent to other families.

“I hope both Stockton on Tees and other councils can learn lessons from this case and the changes the council has agreed to make will ensure it has a firmer grip on the EHC plan review process in future.”

The council said it was taking a number of steps in response to the Ombudsman's report, including reviewing its decision-making processes in relation to annual reviews.

Majella McCarthy, Director of Children’s Services at Stockton-on-Tees Borough Council, said: “We fully accept the Local Government and Social Care Ombudsman’s findings and recommendations and are sincerely sorry for the disruption and distress caused.

“We acknowledge the importance of consistent and timely educational provision for children and young people with Special Educational Needs and Disabilities (SEND), and we regret that the council did not fulfil its responsibilities for both the young person at the centre of this complaint and also the other families affected.

“We did not intend to mislead anyone, and we are very sorry for the impact that not carrying out annual reviews may have had on the educational opportunities and experiences of the 99 young people identified."

She added: “We fully understand how important these reviews are in ensuring young people’s needs are being met and that they are receiving the right support.

“We deeply regret in these cases this did not happen and apologise for any concern or upset caused by this. We are reviewing and improving our processes to ensure that this does not happen again, limiting the use of generic wording in letters.

“We are committed to learning from this case and have undertaken a comprehensive review to ensure that issues do not arise in the future. An action plan has been put into place to strengthen systems, processes and communication with young people and their families."

McCarthy said the council recognised that in this case, the learning and wellbeing of the complainant’s child was impacted. "We are sorry for the difficulties this has caused to them and their family. As a result, we have offered a financial payment to the family for the upset caused.

“Following the publication of the Ombudsman’s report, we will be writing to affected families to invite anyone with concerns about their child’s provision to contact us directly to arrange an interim review.”