Summary: Mrs X complained the Council delayed issuing an Education, Health and Care Plan for her daughter following an annual review. Mrs X also complained the final plan contained inaccuracies and was missing information. We have ended our investigation because the Council has now upheld Mrs X’s complaint and offered a suitable remedy. Further investigation by us would not add anything significant.

The complaint

1. Mrs X complained the Council delayed issuing an Education, Health and Care Plan for her daughter following an annual review. Mrs X also complained the final plan contained inaccuracies and was missing information.

Back to top

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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

Back to top

How I considered this complaint

4. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
5. Mrs X and the Council had an opportunity to comment on a draft of this decision. I considered any comments before making a final decision.

Back to top

What I found

Education, Health and Care Plans

6. 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.
7. 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.
8. The annual review begins with consulting the child’s parents or the young person and the educational placement. A review meeting must then take place. The process is only complete when the council issues its decision to amend, maintain or discontinue the EHC Plan. This must happen within four weeks of the meeting. (Section 20(10) Special Educational Needs and Disability Regulations 2014 and SEN Code paragraph 9.176) 
9. If a council decides to amend the EHC Plan, it must issue a final amended plan within eight weeks of the amendment notice. Therefore, a final plan must be issued within 12 weeks of the review meeting.

What happened

10. This chronology includes key events in this case and does not cover everything that happened.
11. Mrs X’s daughter, Y, has an EHC Plan. On 7 June 2024, the Council carried out an annual review of the plan. As part of the review, Mrs X requested some changes to the plan’s content.
12. The Council issued an amendment notice to Mrs X on 11 July 2024, together with the proposed amendments.
13. On 8 August 2024, the Council issued the final EHC Plan via its online hub.
14. The Council issued a further amended final EHC Plan on 18 October 2024, via its online hub.

Mrs X’s complaint

15. Mrs X complained to the Council on 26 November 2024. She said that after months of requesting a copy of the final EHC Plan, the Council had provided her with access to its hub. Mrs X complained that the EHC Plan issued by the Council was different from the proposed amendments. She said the plan contained inaccuracies and was missing information.
16. The Council acknowledged Mrs X’s complaint on 28 November 2024.
17. Mrs X did not receive a response from the Council and subsequently brought her complaint to us in March 2025.
18. The Council contacted Mrs X and acknowledged its complaint response was significantly overdue. The Council said it would respond to Mrs X’s complaint.
19. Mrs X did not receive a complaint response, and in May 2025, she brought the matter to the Ombudsman again.

What happened next

20. The Council carried out a further review of Y’s EHC Plan on 21 May 2025. It issued the final EHC Plan on 29 September 2025.
21. The Council issued its complaint response on 15 October 2025 and apologised for the significant delay in responding to Mrs X’s complaint. The Council also acknowledged and apologised for:
• The delay in issuing a decision notice following the annual review held on 7 June 2024,
• Its failure to follow statutory guidance when it issued the final EHC Plan on 8 August 2024, as the content of the plan was different to the proposed amendments, and
• The delay in issuing the final EHC Plan following the annual review held on 21 May 2025.
22. The Council acknowledged the impact of the delays to Mrs X and her family, and the frustration and distress caused. It also acknowledged the time taken and trouble caused to Mrs X as a result of the significant delay in responding to her complaint. The Council offered Mrs X a financial remedy in recognition of the injustice caused.

Analysis

23. The Council has itself identified fault in the EHC Plan process and in its complaint handling. Its complaint response, although late, is comprehensive and upholds the complaints made by Mrs X. The Council has apologised to Mrs X and offered a financial remedy.
24. The Council has offered an appropriate remedy for the injustice caused. On this basis, and because the Council has already upheld Mrs X’s complaint, further investigation by the Ombudsman would not add anything to the Council’s own investigation, nor would it lead to a different outcome.

Back to top

Decision

25. I have ended our investigation because the Council has now upheld Mrs X’s complaint and offered an appropriate remedy. Further investigation by the Ombudsman would not add anything significant, nor lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman