The council admitted the wider failings after the Local Government and Social Care Ombudsman (LGO) investigated one parent’s complaint that her child’s EHCP had not been updated since 2018.
The law requires annual EHCP reviews – with parents to be kept informed of actions within specific timescales – but the LGO found in September 2024 that Rochdale flouted the requirements in the case in question, causing the mother “distress and uncertainty”.
When the LGO quizzed Rochdale about its records, it admitted to having more than 1,400 cases where it had failed to tell parents of a decision to amend, maintain or cease an EHC Plan within four weeks of the annual review meeting.
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Hertfordshire overhaul of EHCP process focused on listening to parents and investing in staff
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Special Report: Special Educational Needs and Disabilities
The LGO described the council as having "systemic SEND issues", with the cases potentially representing children with unmet need and whose parents were deprived of an opportunity to appeal decisions.
In 600 of these cases, the council had decided to maintain or cease the plans but families were left waiting for confirmation and 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 rose from around 800 in June 2024 to around 1,300 in October 2024.
The local authority has agreed to produce an action plan for improvement and assess whether the measures it is already taking are working, the LGO said.
The plan should be brought to the relevant councillor committee to ensure timescales are being met, advised the LGO.
Ombudsman Amerdeep Somal said: “When we investigated the previous complaint, the council told us about the significant steps it is taking to improve its Special Educational Needs and Disabilities Service.
“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.
“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.
“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.”
