Summary: We have found fault with the Council for failing to meet the Education, Health and Care Plan statutory timescales. This caused Miss X’s daughter to miss out on special educational needs support and education. The Council has agreed to take action to remedy the missed education and support.

The complaint

1. Miss X complained the Council delayed her daughter’s (Y’s) EHC Plan process. She said although Y is in school, she is not receiving the support she needs and is often out of the classroom.

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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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I have and have not investigated

4. I have not investigated the content of Y’s EHC Plan including the SEN provision included. Miss X has appeal rights, and I consider it reasonable for her to use them.
5. I have investigated Miss X’s complaint about the delays in the EHC Plan process.

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How I considered this complaint

6. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
7. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Law and guidance

8. A child or young person with special educational needs may have an Education, Health and Care (EHC) Plan. This document sets out the child’s needs and what arrangements should be made to meet them. The EHC Plan is set out in sections. We cannot direct changes to the sections about their needs, education, or the name of the educational placement. Only the Tribunal or the council can do this.
9. Statutory guidance ‘Special educational needs and disability code of practice: 0 to 25 years’ (‘the Code’) sets out the process for carrying out EHC assessments and producing EHC Plans. The guidance is based on the Children and Families Act 2014 and the SEN Regulations 2014. It says the following:
• Where the council receives a request for an EHC needs assessment it must decide whether to agree to the assessment and send its decision to the parent of the child or the young person within six weeks.
• If the council decides not to conduct an EHC needs assessment it must give the child’s parent or young person information about their right to appeal to the Tribunal.
• The process of assessing needs and developing EHC Plans “must be carried out in a timely manner”. Steps must be completed as soon as practicable.
• If the council goes on to carry out an assessment, it must decide whether to issue an EHC Plan or refuse to issue a Plan within 16 weeks.
• If the council goes on to issue an EHC Plan, the whole process from the point when an assessment is requested until the final EHC Plan is issued must take no more than 20 weeks (unless certain specific circumstances apply);

What happened

10. Miss X’s daughter, Y has special education needs (SEN). In March 2023, Miss X requested the Council carry out an EHC needs assessment. Within seven weeks, the Council made a decision to refuse to assess Y.
11. The Council said it received additional information from Y’s school and decided to overturn its decision and agreed to assess Y in June 2023. The Code required the Council to reach a decision on whether or not to issue an EHC Plan by the end of August 2023.
12. Miss X contacted the Council in early February 2024 and asked for an update. She chased the Council twice for a response. There is no record that Miss X received a response form the Council.
13. Miss X complained to the Council about the lack of progress and poor communication in March. The Council apologised for the delay and said Y’s case would be prioritised.
14. The Council issued a draft EHC Plan at the end of April. Miss X requested amendments which the Council agreed in June. The Council issued the final EHC Plan at the end of July 2024. This was over a year after the Council had agreed to assess Y’s needs.

My findings

15. The Council was at fault for failing to meet the statutory EHC Plan timescales. The Council acknowledged this in its response to Miss X’s complaint. The delays caused Y to miss out on SEN support at school and caused the family distress and uncertainty.
16. The Council apologised and set out the procedures in place to prevent such delays in the future. These include:
• Restructuring the SEND assessment to be more streamlined and efficient.
• Increasing the number of staff in the SEND team.
• An enhanced training programme to upskill current staff.
17. This new structure has been in place since September 2024.
18. In addition to an apology, the Council has agreed to remedy the personal injustice caused to Miss X and her daughter, Y. Had the Council issued the Plan in line with statutory timescales, Y would have received the Plan in September 2023. Therefore, she missed a school year (three terms) of SEN support which resulted in her missing education during the times she spent away from the classroom.
19. In line with our guidance on remedies, the Council has agreed to pay Miss X £900 per term in recognition of the missed education and SEN support. This equates to £2700 for the school year.
20. The Council has also agreed to make a distress payment for Miss X in recognition of the uncertainty and frustration during the EHC Plan process.

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Agreed action

21. Within 4 weeks of my decision, the Council has agreed to:
1. Apologise to Miss X for the significant delays during the EHC Plan process.
2. Pay Miss X £2700 in recognition of the missed education and SEN support Y experienced as a result of the delays.
3. Pay Miss X £500 in recognition of the distress caused by the Council’s delays and poor communication.
22. The Council should provide us with evidence it has complied with the above actions.

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Decision

23. I have found fault with the Council for failing to meet the statutory deadlines during Miss X’s daughter’s EHC Plan process.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman