Summary: We have upheld Mrs X’s complaint because the Council delayed finalising her son’s Education Health and Care plan. The Council apologised and offered a proportionate remedy for the injustice caused to both Mrs X and her son.

The complaint

1. Mrs X complains about the delays in finalising her son’s Education Health and Care plan.

Back to top

The Ombudsman’s role and powers

2. 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)
3. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

Back to top

How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mrs X requested an Education, Health and Care (EHC) needs assessment in February 2024, but the Council initially declined to assess. Mrs X appealed and in June 2024, the Council agreed to carry out the assessment.
7. The Council contacted professionals to obtain the required statutory advice. All responses were received within the relevant timescales except for the advice from the educational psychology service, which was not provided until March 2025. This was outside the statutory timeframe. The final EHC plan was not issued until May 2025, primarily due to a national shortage of educational psychologists.
8. The Council apologised to Mrs X for the delays and the service she received. It offered a remedy payment of £1000 and outlined the steps it is taking to address the delays and improve its service in future.
9. I will not investigate this complaint further because I am satisfied with the actions the Council has taken in response to Mrs X’s complaint and further investigation would not lead to a different outcome.

Back to top

Final decision

10. We have upheld this complaint because the Council delayed finalising her son’s Education Health and Care plan. To its credit, the Council had already apologised and offered a proportionate remedy for the injustice caused to Mrs X and her son.

Back to top

Investigator's decision on behalf of the Ombudsman