Watchdog uncovers council backlog of more than 1400 SEND reviews

Rochdale Borough Council has admitted to the Local Government and Social Care Ombudsman (LGO) that it has a backlog of nearly 1,500 support plans to review for children with special educational needs and disabilities.

Typically, Education, Health and Care (EHC) Plans – which ensure children and young people with an are having their needs met properly – should be reviewed annually. Councils need to tell parents, following a review, whether it intends to ‘amend, maintain or cease’ that plan.

Rochdale Borough Council has admitted to the Local Government and Social Care Ombudsman that it has a backlog of nearly 1,500 support plans to review for children with special educational needs and disabilities.

To ensure children and young people with an Education, Health and Care (EHC) Plan are having their needs met properly, their plans must be reviewed annually. Councils need to tell parents, following a review, whether it intends to ‘amend, maintain or cease’ that plan.

The law states councils must then issue a final plan within 12 weeks of the review meeting and within eight weeks of sending the amendment notice.

However, when a family complained their child had not had an updated plan for a number of years, the Ombudsman investigated with the council about its records.

It found that It had more than 1,400 cases in which it failed to tell parents of its decision to amend, maintain or cease an EHC Plan within four weeks of the annual review meeting

Of these, the council decided to maintain or cease the plans in 600 cases. This meant 600 families had to wait longer than they should have if they wished to appeal the council’s decision to the Tribunal.

Furthermore, of the 300 cases in which the council decided to amend the plan, nearly 100 children and young people were still waiting for a draft plan after six months.

The number of cases where Rochdale had completed annual reviews and not issued an updated EHC Plan increased from more than 800 in June 2024 to just over 1,200 in September 2024 and was more than 1,300 in October 2024.

Amerdeep Somal, the Local Government and Social Care Ombudsman, said the council had made assurances about the significant steps it is taking to improve its Special Educational Needs and Disabilities Service, but said that these improvements were not being made quickly enough.

“While I appreciate this will take some time to have an effect, it is clear from the information the council has shared with me that these improvements are not making a difference quickly enough.

“Each of the 1,400 cases my report has highlighted represents a child or young person potentially not having their needs properly met, and their families being denied the chance to challenge the council through the Tribunal. And the longer it takes for the council to identify exactly what support that child needs, the longer those needs are not fully met.”

As a result of the investigation, the council has agreed to produce an action plan for improvement, and look at the measures it is already taking to assess whether these are working.

“I have asked the council to create an action plan to identify the further steps it will now take to accelerate the improvements it is making, and reduce the time families have to wait,” Ms Somal added.

“I am pleased the council has accepted my recommendations and hope this will ensure children and young people in Rochdale are better served in future."