Summary: We will not investigate Mrs X’s complaint about delay by the Council in issuing an Education, Health and Care Plan for her daughter following an annual review. This is because we are satisfied with the actions the Council has taken to remedy any injustice caused.

The complaint

1. Mrs X complained the Council delayed issuing a final Education, Health and Care (EHC) Plan for her daughter, Ms Y, after an annual review. She said this has caused stress for her and her family.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I considered the Special Educational Needs and Disability Regulations 2014.

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My assessment

6. In February 2024, the Council held an annual review of Ms Y’s EHC Plan.
7. Following the review, the Council should have issued a final EHC Plan in April 2024, but it did not do this until July 2024. This was a delay of over 11 weeks.
8. Mrs X complained to the Council. It upheld her complaint and agreed to finalise the EHC Plan and pay Mrs X a symbolic payment of £200 to acknowledge the frustration and uncertainty caused by the delays in the annual review process. This is a proportionate remedy for the injustice caused.

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Final decision

9. We will not investigate Mrs X’s complaint because we are satisfied with the actions the Council has already taken to remedy any injustice caused.

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Investigator's decision on behalf of the Ombudsman