Summary: We upheld Mrs X’s complaint about delays in the Education, Health and Care process regarding her child, Y, and about the Council’s poor communication. The Council upheld the complaint, apologised, and offered a total remedy of £1,200 as part of its complaint process. An investigation by the Ombudsman is unlikely to achieve anything further.

The complaint

1. Mrs X complained the Council:
1. delayed completing her child, Y’s, Education, Health and Care (EHC) Plan; and
2. failed to communicate with her effectively.
2. Mrs X said the matter caused her distress, uncertainty, and frustration.

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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. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X has a child, Y. In February 2024 Mrs X asked the Council to conduct an EHC needs assessment of Y.
8. In February 2025 Mrs X wrote to the Council. She said the Council failed to adhere to the statutory timescales for the EHC process. Mrs X later complained about the Council’s poor communication.
9. The Council upheld Mrs X’s complaints. It apologised for the delay and its poor communication. It offered a total symbolic payment of £1,200 to recognise the frustration and uncertainty caused.
10. The Council made a final EHC Plan for Y in early May 2025.

Analysis

11. We upheld Mrs X’s complaints about the delays in the EHC process regarding her child, Y, and about the Council’s poor communication.
12. To meet the requirements of the statutory timescales the Council should have made the final EHC Plan within 20 weeks of Mrs X’s original request – by early July 2024. The Council did not make the final EHC Plan until May 2025. This is an approximate 10-month delay.
13. The Council accepted fault, upheld Mrs X’s complaint, apologised, and paid Mrs X a total symbolic payment of £1,200. These actions are in line with the Ombudsman’s Guidance on Remedies. Consequently, although we uphold the complaint, we will not investigate further.
14. In response to other recent investigations, the Council has provided the Ombudsman with action plans relating to its SEND service. These action plans will take time to embed. Consequently, we will not investigate the systemic issues related to Mrs X’s complaint as the Council has already provided evidence of how it is improving its services.

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Final decision

15. We upheld Mrs X’s complaint because the Council upheld the complaint and offered a suitable remedy.

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Investigator's decision on behalf of the Ombudsman