Somerset Council (24 023 469)
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about delays in an Education Health and Care Plan assessment following a Tribunal decision. The Council has agreed to a proportionate way to resolve the complaint.
The complaint
- Mr X says the Council failed to complete an Education Health and Care Plan (EHC Plan) needs assessment following a Tribunal decision within the time required by Regulations.
The Ombudsman’s role and powers
- 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)
- 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 a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
- Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the Council failed to meet the SEN Regulations by not completing an EHC Plan needs assessment and publish its decision not to issue an EHC Plan within ten weeks of a Tribunal decision. The Tribunal issued its decision in February 2025 and the Council issued its decision in August 2025.
- The Regulations require councils to complete the EHC needs assessment and issue a decision notice within 10 weeks of a Tribunal decision ordering that it do so. Here the Council took six months. It then notified Mr X that it would not issue an EHC Plan. Mr X has appealed that decision to the Tribunal. This means we cannot look at how his child’s needs should be met.
- Mr X says the delay means his child is not getting their needs met. The Tribunal is deciding whether those needs require an EHC Plan or whether they can be met without one as currently.
Agreed action
- The Council has agreed to:
- Pay Mr X £300 for the direct injustice caused by the delay - uncertainty and delayed appeal rights.
- This is a suitable remedy for the direct injustice caused by the delay.
Final decision
- We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X.
Investigator's decision on behalf of the Ombudsman