Summary: We will not investigate this complaint about delay in the annual review of an Education, Health and Care Plan. This is because the Council has offered a suitable remedy. Further consideration of the complaint would not achieve anything more and so an investigation is not warranted.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained on behalf of Ms Y. Mr X said the Council failed to complete the annual review of Ms Y’s Education, Health and Care Plan (EHC Plan) in the required 12 weeks. Mr X said there had been the same problem in previous years.

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The Ombudsman’s role and powers

2. 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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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Following an annual review of an EHC Plan, a council has 12 weeks to complete the process. In this case the Council took around five months too long.
6. In response to Mr X’s complaint the Council apologised and offered £700 in recognition of the frustration, uncertainty, and distress caused by the delay.
7. We will not start an investigation into Mr X’s complaint. The Council has accepted fault and offered a remedy in line with the one we would recommend. The Council has previously advised us of the steps it is taking to try and deal with delays in the EHC Plan process. An investigation would not achieve anything more.

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Final decision

8. We will not investigate Mr X’s complaint because the Council has offered a suitable remedy and an investigation would not achieve anything more.

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Investigator's decision on behalf of the Ombudsman