Summary: We will not investigate Mr X’s complaint about delays in issuing his child’s final Education Health and Care Plan. This is because the Council agreed during our consideration of the complaint, to take action to remedy the injustice caused by delays in the procedure. There are no wider public interest issues to justify investigating this complaint.

The complaint

1. Mr X complained that there has been a significant delay in the Council completing his child’s Education Health and Care (EHC) Plan.
2. Mr X complained this has led to the delay in his child receiving appropriate support and this has caused anxiety and stress for his family.

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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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained that there was a delay in his child receiving their final EHC Plan from the Council.
7. Where the Council receives a request for an EHC needs assessment it must decide whether to agree to the assessment and send its decision to the parent of the child or the young person within six weeks. 
8. The process of assessing needs and developing EHC Plans “must be carried out in a timely manner”. Steps must be completed as soon as practicable. 
9. If the Council goes on to issue an EHC Plan, the whole process from the point when an assessment is requested until the final EHC Plan is issued must take no more than 20 weeks.
10. The Council accepted delays in completing the EHC Plan, which was around 7 months.
11. I therefore asked the Council to consider remedying Mr X’s injustice by paying Mr X a £600 symbolic financial remedy to resolve the complaint. To its credit, the Council agreed to do this within four weeks of my final decision.

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Final decision

12. We will not investigate this complaint. When considering the complaint, the Council agreed to pay Mr X £600 to remedy the injustice caused in the Council’s delays in completing the EHC Plan. There are no wider public interest issues to justify investigation.

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Investigator's decision on behalf of the Ombudsman