Summary: We will not investigate this complaint about delays in the annual review of an Education, Health and Care (EHC) Plan, or the content of the Plan and how the Council communicated about this matter. This is because further investigation would not lead to a different outcome and Mrs X had a right to appeal to a Tribunal about the Plan and it was reasonable for her to use that right.

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’, 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
5. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the Tribunal in this decision statement.

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How I considered this complaint

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

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My assessment

8. 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. 
9. 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.
10. Mrs X contacted the Council a number of times to ask for updates on Y’s EHC Plan.
11. The Council accepted in its 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.
12. 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.
13. We cannot investigate a complaint about the Council’s decisions relating to the content of an Education, Health and Care Plan for Mrs X’s child. This is because Mrs X has a right of appeal if she remains unhappy with the content of a plan and it would be reasonable to expect her to use it.
14. Additionally, we will not investigate delays in the Council issuing a final plan because the Council has taken steps to remedy the injustice to Mrs X caused by these delays and further investigation by us would not be proportionate, because it is unlikely to achieve a different outcome.

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Final decision

15. We will not investigate Mrs X’s complaint because further investigation would not lead to a different outcome and Mrs X had a right to appeal to a Tribunal and it was reasonable for her to use that right.

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Investigator's decision on behalf of the Ombudsman