Summary: Ms X complained the Council failed to review her child’s education, health and care plan, failed to provide an education for her child, and communicated poorly with her. She said it caused her distress and frustration, and her child missed out on education. We find the Council at fault and this caused injustice. The Council has agreed to apologise and make a payment to remedy the injustice.

The complaint

1. Ms X complained the Council failed to review her child’s education, health and care plan for three years, and failed to provide her child with an education for two years. She also complained the Council communicated poorly with her.
2. Ms X said her child is nearly an adult and has no qualifications because of the Council’s lack of action. She said it caused her unnecessary and avoidable distress and frustration, and affected her mental health. Ms X said it also had a financial impact because she provided all the equipment her child needed for home tutoring. She said she has lost faith in the system.

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The Ombudsman’s role and powers

3. 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)
4. 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)
5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
7. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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What I have and have not investigated

8. As I have said above, we cannot investigate late complaints unless we decide there are good reasons.
9. In this case, Ms X complained to us in October 2024 about the Council’s actions from 2021 onwards. I have considered Ms X’s reasons for not bringing her complaint to us earlier. I do not consider there are good reasons to exercise our discretion and look back any further than 12 months from when she complained to us.
10. For this reason, I will investigate the Council’s actions from October 2023 (12 months before she complained to us) to October 2024 (when she complained to us).

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How I considered this complaint

11. I considered the information and documents provided by Ms X and the Council. I spoke to Ms X about her complaint. Ms X and the Council had an opportunity to comment on an earlier draft of this statement. I considered all comments received before I reached a final decision.
12. I considered the relevant legislation and statutory guidance, set out below. I also considered the Ombudsman’s published guidance on remedies.

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What I found

What should have happened

13. A child or young person with special educational needs may have an education, health and care (EHC) plan. This sets out the child’s needs and what arrangements should be made to meet them.
14. The council has a duty to make sure the child or young person receives the special educational provision set out in their EHC Plan (Section 42 Children and Families Act).
15. The council must arrange for the EHC plan to be reviewed at least once a year to make sure it is up to date. The council must complete the review within 12 months of the first EHC plan and within 12 months of any later reviews. The council must issue the amended EHC plan within 12 weeks of the review meeting.

What happened

16. Ms X’s child, B, has an education, health and care (EHC) plan. The Council reviewed this plan in 2021. B did not go to school. Instead, they got tuition at home.
17. In March 2024, Ms X called the Council about reviewing B’s EHC plan. The Council held two review meetings, in March and May.
18. In July and August, Ms X emailed and called the Council for updates weekly. She also went to the Council offices. She complained to the Council at the end of August.
19. In its complaint response, the Council accepted the annual review process had well exceeded 12 weeks. It apologised it had not reviewed B’s EHC plan in three years. It apologised it had impacted B so much, and it had not contacted her.
20. The Council issued the final EHC plan in October.

Analysis

Education, health and care plan review

21. Ms X complained the Council failed to review her child’s education, health and care plan for three years.
22. As I have said above, I have considered the Council’s actions from October 2023 to October 2024.
23. In its complaint response, the Council accepted it had failed to review B’s EHC plan. It also accepted that after the review it delayed issuing the final plan. This is fault.
24. I find this fault caused Miss X injustice because it caused uncertainty, unnecessary and avoidable distress and frustration, and delayed her appeal rights.
25. The Ombudsman has made other similar findings about delays in the EHC process with the Council. In January 2025, the Council agreed to make an action plan setting out how it would make changes to its practice and staff training. It also agreed to report the review outcome and action plan to its Special Educational Needs and Disabilities governance board so it can decide how progress against the plan should be monitored.
26. I am satisfied the Council is taking action to address the reasons behind the delays in this case. For this reason, I will not propose any additional service improvements.

Education

27. Ms X complained the Council failed to provide her child with an education for two years. As I understand it, this relates to 2021 to 2023. In 2023, the Council provided B with a tutor.
28. As I have said above, I have considered the Council’s actions from October 2023 to October 2024.
29. The Council agreed ten hours of tuition per week. This is available to B. However, B is not able to engage with all the provision. For this reason, B does not get the full ten hours of tuition per week. This is not the Council’s fault.
30. I am satisfied the Council has put in place educational provision that is available and accessible for B. I therefore find the Council has met its duty to provide the provision set out in B’s EHC plan. For this reason, I do not find the Council at fault.

Communication

31. Ms X complained the Council communicated poorly with her. She said she chased the Council repeatedly and did not get a response for a long time.
32. The Council’s complaint response accepts it did not contact Ms X.
33. I find the Council at fault for its poor communication. I find this caused injustice because it caused Ms X unnecessary and avoidable distress, frustration, and uncertainty.

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Action

34. Within four weeks of this decision, the Council has agreed to apologise in writing for the unnecessary and avoidable distress and frustration, uncertainty, and delayed appeal rights which were caused by the faults.
35. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making this apology.
36. Within four weeks of this decision, the Council has agreed to make a payment to Ms X of £1700. This is made up as follows:
• £500 to remedy the unnecessary and avoidable distress, frustration, and uncertainty. Our guidance on remedies sets out a maximum payment of £500 for injustice like this. I have taken into account that the injustice went on for a prolonged period of time, that B is vulnerable, and the efforts Ms X went to in trying to get a reply. Given the level of injustice here, I consider the maximum payment is appropriate and proportionate; and,
• £1200 to recognise the impact of the delay reviewing B’s EHC plan. I consider £100 per month is appropriate and proportionate for the level of injustice caused. £100 per month multiplied by 12 months (October 2023 to October 2024) is £1200.
• £500 plus £1200 is £1700.
37. The Council should provide us with evidence it has complied with the above actions.

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Decision

38. I find fault causing injustice. The Council has agreed to take actions to remedy injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman