Summary: the Council has offered an appropriate remedy for the delay issuing an education, health and care (EHC) plan for Ms M’s son, and the distress it caused. We are satisfied with the Council’s offer and will not, therefore, investigate Ms M’s complaint.

The complaint

1. Ms M complained about delay issuing her son’s education, health and care (EHC) plan. The Council should have issued the plan in August 2024. It issued a final plan in January 2025 and a further amended plan in March 2025.
2. Ms M thought her preferred school had offered her son a place in November 2024. However, shortly before a February deadline, she says the Council asked her to choose another school. Ms M complained about the confusion and additional stress this caused at a difficult time. In the end, the Council was unable to offer a place at Ms M’s preferred school.

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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 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 Ms M and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council acknowledges that it took too long to issue an EHC plan for Ms M’s son and explained how the confusion about the availability of a place at Ms M’s preferred school came about. The Council said it had recruited many more staff and hoped to avoid similar problems in the future.
7. The Council allocated a school place for Ms M’s son and assured her the school would meet her son’s needs. I understand Ms M has accepted the place.
8. However, Ms M was unhappy with the Council’s response to her complaint and so she complained to us.
9. I contacted the Council to ask for some paperwork. The Council sent the papers I asked for. The Council also said that it had reviewed Ms M’s complaint and wanted to offer a symbolic payment totalling £1,000 for the delay issuing an EHC plan for Ms M’s son and the confusion about the availability of a place at her preferred school.
10. I welcome the Council’s offer. It is an appropriate remedy for the injustice caused by the faults the Council identified. It is in line with our published guidance. We will not, therefore, investigate Ms M’s complaint.
11. I ask the Council to make the payment it has offered within six weeks of my decision, and to let me know when it has done so.

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Final decision

12. We will not investigate Ms M’s complaint because the Council has offered an appropriate remedy.

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Investigator's decision on behalf of the Ombudsman