Derbyshire County Council (25 001 914)
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about delays following an Education Health and Care Plan annual review. We have upheld Mr X’s complaint as the Council has now agreed a proportionate way to resolve the complaint.
The complaint
- Mr X says the Council failed to follow the Education Health and Care Plan (EHC Plan) annual review regulations.
The Ombudsman’s role and powers
- 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 a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
- Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the Council held an EHC Plan annual review in December 2024. Following the annual review the Council issued a final amended EHC Plan in July 2025. Mr X complained about the delay in February 2025. The Council accepts it has failed to reply to his complaint.
- The EHC Plan regulations set out the timescale within which the Council is required to issue a decision notice and any amended EHC Plan. In this case this should have happened before the end of February 2025.
- Mr X says the family are happy with the EHC Plan and will not be appealing it. But the delay has caused him and his family uncertainty and time and trouble in chasing the Council.
Agreed action
- The Council has agreed to:
- Pay Mr X £250 for the uncertainty, and time and trouble the Council’s delay caused him.
- This payment is in line with our remedies’ guidance.
Final decision
- We have upheld this complaint because we asked the Council to remedy the injustice caused by the delay and it has agreed a proportionate remedy for Mr X.
Investigator's decision on behalf of the Ombudsman