Summary: We will not investigate Ms X’s complaint about delay by the Council in issuing an Education, Health and Care Plan for her child following a review. This is because an investigation by us would not likely lead to a different outcome.

The complaint

1. Ms X complained the Council delayed issuing a final Education, Health and Care (EHC) Plan for her child, Y, after an annual review meeting. She said this caused a delay in changing Y’s school placement. She wanted the Council to pay her compensation and improve its services.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. In June 2024, Y’s school held an annual review of Y’s EHC Plan.
6. Following the review meeting, the Council should have issued a final EHC Plan in September 2024, but it did not do this until November 2024. This was a delay of 11 weeks.
7. Ms X complained to the Council. In its response, it explained to her the reasons for this delay and provided Ms X with an apology.
8. We will not investigate this complaint. The Council has already apologised, in writing, and explained why there were delays, and this is an appropriate remedy for any injustice there was to Ms X. Consequently, further investigation by us would likely not lead to a different outcome.

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Final decision

9. We will not investigate Ms X’s complaint because an investigation by us would likely not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman