Summary: We will not investigate Mrs X’s complaint about the Council’s delay in completing her child’s Education, Health and Care needs assessment. The Council has apologised and provided an award in recognition of the delay. A further investigation by us would not lead to a different outcome.

The complaint

1. Mrs X complains about the Council’s delay in completing her child’s Education, Health and Care (EHC) needs assessment. She says the delay in completing this has impacted her child.

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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 a 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 Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says that she applied for an EHC assessment for her child in May 2024. The Council agreed to complete the assessment but accepts it has not completed this within the statutory timescales. The Council says the delay is due in part to the national shortage of Educational Psychologists.
6. Mrs X has since informed the Council that she has moved out of its area. In March 2025 the Council recognised the delay in issuing a decision on whether an EHC Plan was needed and awarded £600 for the delay up to when Mrs X moved.
7. The award from the Council is in line with the guidance that the Ombudsman publishes on remedies. It follows that in the circumstances of the complaint, I am satisfied that £600 is a suitable amount to remedy and the Ombudsman would not recommend more. Therefore, I will not investigate this complaint any further.
8. In addition, the Council has already agreed to undertake work on improving the EHC plan process including the recruitment of Educational Psychologists, after the Ombudsman upheld other cases. I am therefore satisfied that the Council is taking steps to resolve this issue.

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Final decision

9. We will not investigate Mrs X’s complaint because further an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman