Summary: We will not investigate this complaint about delays in the annual review of an Education, Health and Care Plan, or the content of the Plan, including how the Council communicated about this matter. This is because the Council has upheld Mrs X’s complaint, apologised and offered a suitable remedy for Mrs X’s injustice. Therefore, further investigation would not lead to a different outcome and there are no wider public interest issues to justify our investigation.

The complaint

1. Mrs X complained that the Council:
1. Delayed finalising her child, Y’s, Education, Health and Care (EHC) Plan following an annual review in late 2024;
2. failed to communicate with her following a change in caseworker, or when she requested updates; and,
3. issued an EHC Plan with a number of errors.
2. Mrs X said this caused stress and anxiety for herself and Y.

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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)

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How I considered this complaint

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

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My assessment

6. A child or young person with special educational needs may have an Education, Health and Care (EHC) Plan. This document sets out the child’s needs and what arrangements should be made to meet them. The EHC Plan is set out in sections. We cannot direct changes to the sections about their needs, education, or the name of the educational placement. Only the Tribunal or the Council can do this. 
7. The Council carried out an annual review of Y’s EHC Plan in winter 2024. The Council finalised Y’s EHC Plan after 17 weeks. Statutory timescales require updated plans to be issued within 12 weeks of an annual review.
8. Mrs X contacted the Council a number of times to ask for updates, and regarding errors within Y’s final EHC Plan.
9. The Council accepted in its first complaint response that it had failed to meet the statutory timescale for issuing an updated EHC Plan. It apologised to Mrs X and offered a £200 payment for the delays in the annual review process.
10. The Council also apologised for communication with Mrs X being below their expected standards. It said it would remind the service of the importance of keeping families updated.
11. The Council provided a second complaint response in Summer 2025. It apologised for errors that Mrs X reported, relating to Y’s final EHC Plan and offered a further £200 financial remedy for Mrs X’s uncertainty caused by the delay in it resolving these matters and issuing an updated final EHC Plan, and for not arranging to meet Mrs X sooner to discuss her concerns.
12. The Council also stated that it would arrange for additional training for staff managing Year 14 transitions to new education settings.
13. We will not investigate Mrs X’s complaint. The Council has taken steps to remedy Mrs X’s injustice, including offering her a symbolic financial remedy and apologies. Further investigation by us would not be proportionate, because it is unlikely to achieve a different outcome.

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Final decision

14. We will not investigate Mrs X’s complaint because the Council has apologised, taken steps to remedy the injustice caused to Mrs X by the delay and communication failings, and said it will put training in place to improve their service. Further investigation will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman