Summary: We will not investigate Miss X’s complaint about the delay finalising her son’s Education Health and Care plan or its content. This is because the Council has offered a suitable remedy for the delay and Miss X has appealed to a tribunal.

The complaint

1. Miss X complains about the delay finalising her son’s Education Health and Care (EHC) plan and the content of the plan.

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The Ombudsman’s role and powers

2. 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))
3. 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)
4. 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

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

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My assessment

7. Miss X made a request for an Education Health Care (EHC) needs assessment in January 2024 and a decision was made to not assess in March 2024.
8. Miss X appealed to the tribunal in May 2024 and the Council agreed to the assessment in June 2024 with a draft of the EHC plan being completed in November 2024.
9. The Council issued the EHC plan in March 2025, which was delayed. It apologised for the delay and offered a remedy payment of £150.
10. Miss X entered into mediation with the Council about the contents of the EHC plan, and submitted an appeal to the SEND Tribunal in May 2025.
11. I will not investigate Miss X’s complaint that the Council delayed issuing and EHC Plan. This is because the Council has apologised for the delay and made a payment to remedy the injustice caused. Investigation would therefore not lead to a different outcome.
12. I cannot investigate Miss X’s complaint about the contents of the EHC plan because she has exercised her right of appeal to the SEND Tribunal.

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Final decision

13. We will not investigate Miss X’s complaint. This is because Miss X’s concerns relate to the content of her son’s EHC Plan and the delay in producing the plan. The Council has offered a remedy for the delay and Miss X has used her right to appeal to the tribunal.

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Investigator's decision on behalf of the Ombudsman