Local Government Ombudsman Upholds Special Educational Needs Complaint against Hartlepool Borough Council.
- teessidetoday
- Jan 13
- 2 min read
Ombudsman Finds Fault in Hartlepool Council’s Handling of SEN Education Plans with the council asked to give "An Apology" to the family...
13th Jan 2026
The Local Government & Social Care Ombudsman has upheld a complaint against Hartlepool Borough Council regarding delays in reviewing and administering an Education, Health and Care (EHC) plan for a young adult with special educational needs.
The complaint was brought by Mr F on behalf of his adult son, who has autism and held an EHC plan issued in March 2023. The plan was intended to support his Autistic Son through further education, including preparation for university and a supported internship.
Mr F’s core concerns were that Hartlepool Borough Council had failed to carry out annual reviews of the EHC plan on time; with fhe Council failing to secure the special educational provision set out in the plan. Its claimed the failures subsequently resulted in his son being out of education and experiencing adverse effects on his mental health.
In a decision report seen by The Teesside & Durham Post, the Ombudsman found that
Under statutory SEND guidance, local councils are required to review EHC plans every 12 months to assess any ongoing needs and make changes where appropriate.
The first review following the March 2023 plan should have taken place in the autumn of 2023, given changes in Mr J’s circumstances, but was not held until January 2024, with a further annual review said to have been due in January 2025 also not undertaken by the time of the Ombudsman’s decision.
The Ombudsman concluded this constituted fault by Hartlepool Borough Council, causing unnecessary uncertainty for Mr J and his family.
Fault found, but no Compensation Offered !
Although the Ombudsman found that the delayed reviews were a procedural fault on Hartlepool Borough Councils behalf, on the balance of probabilities, its claimed there was no clear evidence the delay resulted in a loss of the special educational provision itself. This was because, when finally reviewed, the EHC plan did not recommend additional or alternative provision.
However, the late issue of the final EHC plan in May 2024 (17 weeks after the review, & five weeks beyond the statutory expectation) delayed the family’s ability to appeal to the SEND Tribunal — another adverse procedural consequence identified by the Ombudsman with The Ombudsman recommending Hartlepool Borough Council Apologise to Mr F and his son for the failings and delays in handling the EHC plan; and
Provide evidence within one month that the agreed actions had been completed.
This ruling reinforces the legal duties for councils managing SEND support however, the decision also shows that whilst fault is found in the operation of SEND support by local councils, the Ombudsman seemingly again seems very reluctant to recommend Hartlepool Borough Council puts its hand in its pocket.
