Summary: We find the Council delayed issuing an amended Education, Health and Care Plan for Mr B’s son, K, after agreeing to make changes to it during mediation. As a result, K did not receive the support he needed. The Council has agreed to make a payment to Mr B and make service improvements.

The complaint

1. Mr B complains that the Council delayed issuing his son’s amended EHC Plan following mediation in January 2025. He says this left him without the support he needed.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. 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.
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)
5. 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

6. I considered evidence provided by Mr B and the Council as well as relevant law, policy and guidance.
7. Mr B and the Council have had an opportunity to comment on my draft decision. I will consider any comments before making a final decision.

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What I found

8. K is nine years old and has special educational needs. He has an EHC Plan which sets out his needs and what arrangements should be made to meet them.
9. Following an annual review in July 2024, the Council decided to maintain K’s EHC Plan.
10. Mr B disagreed with the Council’s decision and requested mediation, which must take place before an appeal is made to the SEND Tribunal.
11. It was agreed during mediation on 13 January 2025 for amendments to be made to K’s EHC Plan and for the Council to issue a draft Plan by 31 January 2025.
12. Mr B contacted the Council several times because a draft Plan had not been issued. He then made a formal complaint about the delay. The Council accepted that it had failed to meet the statutory time limits and apologised for the delay.
13. The Council issued a draft Plan on 30 June 2025 and a final Plan on 2 December 2025.

Analysis

14. Regulations 42 and 44 of The Special Educational Needs and Disability Regulations 2014 set out the timescales councils must follow where mediation has taken place and the parties reach an agreement. Where it has been agreed through mediation that a council will amend the special educational provision specified in an EHC Plan, it should do so within five weeks of the agreement.
15. The Council was therefore required to issue K’s amended Plan by 17 February 2025. The Council issued the final Plan on 2 December 2025, which was a delay of 41 weeks. This was fault.
16. The final Plan included some additional provision. I consider K missed out on receiving this provision between February 2025 and December 2025 as a direct result of the Council’s delays.

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Action

17. The Council has agreed to make the following payments within four weeks of my final decision:
• £475 to Mr B on behalf of K to recognise the nine and a half months K did not receive all the support he needed
• £200 to Mr B to recognise the frustration, distress and inconvenience he experienced due to the delays.
18. The Council has also agreed to take the following action within eight weeks of my final decision:
• Provide an explanation for the delays in this case along with an action plan detailing the actions it has taken, and/or is taking, to ensure compliance with the statutory time limits set out in The Special Educational Needs and Disability Regulations 2014.
19. The Council should provide us with evidence it has complied with the above actions.

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Decision

20. I have completed my investigation and uphold Mr B’s complaint. There was fault which caused injustice. The action the Council has agreed to take is sufficient to remedy that injustice.

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Investigator's decision on behalf of the Ombudsman