Agenda item

Local Government and Social Care Ombudsman Public Report following Investigation Reference 24 013 122

Decision:

STOCKTON-ON-TEES BOROUGH COUNCIL

 

CABINET DECISION

 

PROFORMA

 

Cabinet Meeting ........................................................................ 16 October 2025

 

1.

Title of Item/Report

 

 

Local Government and Social Care Ombudsman Public Report following Investigation Reference 24 013 122

 

2.

Record of the Decision

 

 

Consideration was given to a report on Local Government and Social Care Ombudsman Public Report following Investigation Reference 24 013 122.

 

On 24 July 2025, the Local Government and Social Care Ombudsman (LGSCO) issued a Public Interest Report concerning Stockton-on-Tees Borough Council’s handling of a young person’s Education, Health and Care (EHC) Plan. The Ombudsman determined that this case merited a public report because of its seriousness and the wider implications for service delivery and statutory compliance.

 

The Ombudsman found that the Council failed to secure the special educational provision set out in the young person’s Plan and did not carry out the required annual review, despite sending correspondence to the family stating that a review had taken place. This resulted in the young person missing significant education and caused distress and uncertainty for the family. The investigation also revealed that this was not an isolated error: ninety-nine other families had been sent similar letters stating that annual reviews had been completed when no meeting or consultation had in fact taken place.

 

The report brought the Ombudsman’s findings before Cabinet, as required by law, and sets out both the remedies directed by the Ombudsman and the action already taken by the Council.

 

The Ombudsman’s investigation concerned a young person, referred to as Y, who had an Education, Health and Care Plan. The Council failed to secure the provision specified in that Plan and failed to carry out the required annual review. Nevertheless, correspondence was issued to Y’s parent, Ms X, stating that a review had taken place.

 

As a consequence of these failings, Y missed four and a half terms of education between May 2023 and July 2024. The Ombudsman concluded that this amounted to maladministration causing injustice. The family experienced distress, frustration and uncertainty, and the young person was denied the support to which they were legally entitled.

 

The investigation also identified systemic failings. Between July 2024 and May 2025, the Council issued ninety-nine annual review letters recording reviews as complete when no meeting had been held. Although in most cases annual reviews were in fact carried out, this practice was misleading, risked masking gaps in provision, and undermined confidence in the Council’s processes.

 

To remedy the injustice, the Ombudsman required the Council to apologise formally to Y and Ms X, to make a payment of £5,700 to recognise the lost education and a further £200 for the distress caused by misleading correspondence, and to repeat its earlier offer of £1,800 for the period prior to May 2023. The total redress of £7,700 had been funded from the SEND budget. The Council issued the apology on 14 August 2025 and completed the payments on 18 August 2025.

 

The Ombudsman also required the Council to write to the ninety-nine affected families to explain the error, to apologise, and to invite any concerns about their child’s provision. Those letters were sent on 14 August 2025.

 

In terms of systemic improvement, the Ombudsman directed the Council to develop an action plan to ensure that every child and young person with an EHC Plan received an annual review each year. That plan must set out specific actions, timescales and resources, be approved by the relevant committee, and be monitored by both members and senior officers. The Ombudsman also required the Council to review its procedures for delivering Education Otherwise Than at School (EOTAS) provision and for securing post-16 placements, so that statutory requirements were met and provision was properly monitored.

 

The Council had accepted all of the Ombudsman’s recommendations in full. Considerable progress had been made. The practice of issuing “no change” letters had been stopped. All families who may have been affected have now had a full annual review. A strengthened annual review process was introduced in September 2025, with clear responsibilities and escalation points, and with regular oversight through the SEND Service Improvement Board. Revised procedures for EOTAS and post-16 placements had been drafted and were being implemented.

 

Cabinet was therefore asked to note both the seriousness of the Ombudsman’s findings and the substantial steps already taken to put matters right.

 

RESOLVED that:-

 

1. The Local Government and Social Care Ombudsman’s Public Interest Report (Investigation Reference 24 013 122) be noted.

 

2. The actions taken to date and the further steps being implemented to address the failings identified be endorsed.

 

3. The Council will implement the Ombudsman’s recommendations in full and within the statutory timeframe, with progress reported to Cabinet until compliance is achieved.

 

4. The Executive Scrutiny Committee also considers the Ombudsman’s findings and the Council’s improvement actions and provide any further comment and recommendations to strengthen the improvement process.

 

3.

Reasons for the Decision

 

 

Section 31(2) of the Local Government Act 1974 requires the Council to bring any Public Interest Report from the Ombudsman before Cabinet, full Council, or another delegated committee of elected members, and to provide the Ombudsman with evidence that this has happened.

In addition, section 5 of the Local Government and Housing Act 1989 places a personal duty on the Monitoring Officer to report to members where maladministration or injustice has been identified. This report fulfils both obligations and ensures transparency to the public.

Cabinet is also recommended to take the additional voluntary step of inviting the Executive Scrutiny Committee to consider the Ombudsman’s findings and the Council’s improvement actions, in order to reinforce oversight and support continuous improvement.

 

 

4.

 

Alternative Options Considered and Rejected

 

 

None

 

5.

Declared (Cabinet Member) Conflicts of Interest

 

 

None

 

6.

Details of any Dispensations

 

 

None

 

7.

Date and Time by which Call In must be executed

 

 

Midnight, 24 October 2025

 

 

 

Proper Officer

 

 

Minutes:

Consideration was given to a report on Local Government and Social Care Ombudsman Public Report following Investigation Reference 24 013 122.

 

On 24 July 2025, the Local Government and Social Care Ombudsman (LGSCO) issued a Public Interest Report concerning Stockton-on-Tees Borough Council’s handling of a young person’s Education, Health and Care (EHC) Plan. The Ombudsman determined that this case merited a public report because of its seriousness and the wider implications for service delivery and statutory compliance.

 

The Ombudsman found that the Council failed to secure the special educational provision set out in the young person’s Plan and did not carry out the required annual review, despite sending correspondence to the family stating that a review had taken place. This resulted in the young person missing significant education and caused distress and uncertainty for the family. The investigation also revealed that this was not an isolated error: ninety-nine other families had been sent similar letters stating that annual reviews had been completed when no meeting or consultation had in fact taken place.

 

The report brought the Ombudsman’s findings before Cabinet, as required by law, and sets out both the remedies directed by the Ombudsman and the action already taken by the Council.

 

The Ombudsman’s investigation concerned a young person, referred to as Y, who had an Education, Health and Care Plan. The Council failed to secure the provision specified in that Plan and failed to carry out the required annual review. Nevertheless, correspondence was issued to Y’s parent, Ms X, stating that a review had taken place.

 

As a consequence of these failings, Y missed four and a half terms of education between May 2023 and July 2024. The Ombudsman concluded that this amounted to maladministration causing injustice. The family experienced distress, frustration and uncertainty, and the young person was denied the support to which they were legally entitled.

 

The investigation also identified systemic failings. Between July 2024 and May 2025, the Council issued ninety-nine annual review letters recording reviews as complete when no meeting had been held. Although in most cases annual reviews were in fact carried out, this practice was misleading, risked masking gaps in provision, and undermined confidence in the Council’s processes.

 

To remedy the injustice, the Ombudsman required the Council to apologise formally to Y and Ms X, to make a payment of £5,700 to recognise the lost education and a further £200 for the distress caused by misleading correspondence, and to repeat its earlier offer of £1,800 for the period prior to May 2023. The total redress of £7,700 had been funded from the SEND budget. The Council issued the apology on 14 August 2025 and completed the payments on 18 August 2025.

 

The Ombudsman also required the Council to write to the ninety-nine affected families to explain the error, to apologise, and to invite any concerns about their child’s provision. Those letters were sent on 14 August 2025.

 

In terms of systemic improvement, the Ombudsman directed the Council to develop an action plan to ensure that every child and young person with an EHC Plan received an annual review each year. That plan must set out specific actions, timescales and resources, be approved by the relevant committee, and be monitored by both members and senior officers. The Ombudsman also required the Council to review its procedures for delivering Education Otherwise Than at School (EOTAS) provision and for securing post-16 placements, so that statutory requirements were met and provision was properly monitored.

 

The Council had accepted all of the Ombudsman’s recommendations in full. Considerable progress had been made. The practice of issuing “no change” letters had been stopped. All families who may have been affected have now had a full annual review. A strengthened annual review process was introduced in September 2025, with clear responsibilities and escalation points, and with regular oversight through the SEND Service Improvement Board. Revised procedures for EOTAS and post-16 placements had been drafted and were being implemented.

 

Cabinet was therefore asked to note both the seriousness of the Ombudsman’s findings and the substantial steps already taken to put matters right.

 

RESOLVED that:-

 

1. The Local Government and Social Care Ombudsman’s Public Interest Report (Investigation Reference 24 013 122) be noted.

 

2. The actions taken to date and the further steps being implemented to address the failings identified be endorsed.

 

3. The Council will implement the Ombudsman’s recommendations in full and within the statutory timeframe, with progress reported to Cabinet until compliance is achieved.

 

4. The Executive Scrutiny Committee also considers the Ombudsman’s findings and the Council’s improvement actions and provide any further comment and recommendations to strengthen the improvement process.

 

Supporting documents: