Summary: Mrs X complained the Council failed to provide her child with the Occupational Therapy provision specified in their Education, Health and Care Plan. We find the Council at fault, causing a loss of provision. The Council has apologised and offered a suitable payment to Mrs X, which is a satisfactory remedy for the injustice caused.

The complaint

1. Mrs X complained the Council failed to provide her child, Y, with the Occupational Therapy (OT) provision specified in their Education, Health and Care (EHC) Plan since November 2024.
2. She says that Y has missed out on essential specialist support which is impacting his progress.

Back to top

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 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)
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).

Back to top

How I considered this complaint

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

Back to top

What I found

Relevant law and guidance

EHC Plan

8. A child or young person with special educational needs may have an Education, Health and Care (EHC) Plan. This document sets out the child’s needs and what arrangements should be made to meet them. The EHC Plan is set out in sections. We cannot direct changes to the sections about their needs, education, or the name of the educational placement. Only the Tribunal or the council can do this. 

Maintaining the EHC Plan

9. The council has a duty to make sure the child or young person receives the special educational provision set out in section F of an EHC Plan (Section 42 Children and Families Act). The Courts have said the duty to arrange this provision is owed personally to the child and is non-delegable. This means if the council asks another organisation to make the provision and that organisation fails to do so, the council remains liable (R v London Borough of Harrow ex parte M [1997] ELR 62), (R v North Tyneside Borough Council [2010] EWCA Civ 135)  

What happened

10. Y has special educational needs and was issued a final amended EHC Plan in October 2024. The Plan required the Council to arrange 6–7 sessions of OT support per year.
11. In November 2024, Mrs X told the Council that Y was no longer receiving any OT support. The Council said it would investigate.
12. By February 2025, Y still had not received the required OT sessions, and Mrs X raised a formal complaint with the Council.
13. The Council apologised for the delay and said it was working to resolve the lack of provision.
14. Mrs X was dissatisfied with the response and escalated her complaint.
15. In April, the Council issued its final complaint response. It accepted that Y had not received any OT provision. It explained it had been unable to secure a suitable provider and said it would give Mrs X an update with timescales. It also said it would consider how a new OT provider could support Y, including providing catch-up sessions to recognise the missed provision.
16. In June, Mrs X brought her complaint to the Ombudsman.
17. Since bringing her complaint to the Ombudsman, Mrs X renewed her complaint with the Council. The Council again apologised for the continuing delay, accepted that Y had missed all OT sessions specified in the EHC Plan between November 2024 and July 2025, and offered a symbolic payment of £595 to acknowledge the impact of this loss of provision and £200 to recognise the delays.

My findings

18. The Council accepts it failed to provide the Occupational Therapy provision specified in Y’s EHC Plan. This was fault. As a result, Y missed all of the required OT sessions, causing avoidable loss of educational support.
19. After Mrs X renewed her concerns with the Council, it apologised for the ongoing delays and offered a symbolic payment totalling £795 to acknowledge the impact of the missed provision and delays. I have considered the Council’s remedy and find it is in line with our Guidance on Remedies.
20. As the Council has accepted fault and provided a suitable remedy, the injustice has been remedied and no further action by the Ombudsman is required.

Back to top

Decision

21. I find fault causing injustice. The Council has already taken actions to remedy injustice.

Back to top

Investigator's decision on behalf of the Ombudsman