Summary: We upheld most of Mrs X’s complaint about delays in the Education, Health and Care process regarding her child and about the Council’s poor communication because the Council upheld the complaints, apologised, and offered a £1,000 financial remedy. We could not investigate some of the complaint because Mrs X appealed to a Tribunal.

The complaint

1. Mrs X complained the Council:

1. failed to adhere to the statutory timescales for the Education, Health and Care (EHC) process regarding her child, Y;
2. named a mainstream school in section I of the EHC Plan rather than a special school; and
3. failed to communicate with her about the matter.

2. Mrs X said the matter caused her distress, frustration, and uncertainty.

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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 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)
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the Tribunal in this decision statement.
6. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), 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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How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

Delay in the EHC Process

10. We uphold this complaint because the Council upheld this complaint.
11. Y’s school applied to the Council for an EHC needs assessment of Y in April 2024. The Council later decided to make an EHC Plan for Y. To comply with the SEND regulations the Council should have made the final EHC Plan by early September 2024. It did not do so until mid-December 2024. This was a delay of 15 weeks.
12. In response to the complaint the Council apologised for the delay and explained about improvements it is making in its SEND service. It offered Mrs X a symbolic payment of £1,000 to acknowledge the frustration, uncertainty, and distress she experienced. This is in line with the Ombudsman’s Guidance on Remedies.
13. Consequently, although we uphold this complaint, we will not investigate because an investigation is unlikely to achieve any additional outcome.

Named a mainstream school in section I of the EHC Plan

14. We cannot investigate this complaint. Only the Council or the SEND Tribunal can change the named school in section I of an EHC Plan. Mrs X appealed the content of the EHC Plan to the SEND Tribunal.
15. Because Mrs X appealed to the SEND Tribunal, the law says we cannot investigate this complaint.

Poor communication and delays in complaints process

16. We uphold this complaint because the Council upheld this complaint.
17. In its complaint response the Council apologised for its poor communication and delays in its complaints process. It explained about service improvements it is making. In response to other recent investigations by the Ombudsman the Council has provided evidence of action it has taken to improve its services.
18. As explained at point 12 of this decision the Council also offered Mrs X a total £1,000 symbolic payment to recognise her frustration, uncertainty, and distress in line with the Ombudsman’s Guidance on Remedies.
19. Consequently, although we uphold this complaint, we will not investigate because an investigation is unlikely to achieve any additional outcome.

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Final decision

20. We upheld most of Mrs X’s complaint because the Council upheld the complaint. We could not investigate some of the complaint because Mrs X appealed to a Tribunal.

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Investigator's decision on behalf of the Ombudsman