Summary: Mr X complains the Council failed to provide a suitable educational placement after his child, Y, was no longer able to attend school in January 2024. Mr X also says the Council failed to complete Y’s Education, Health and Care Needs Assessment within the statutory timescales; and failed to respond to Mr X’s proposed amendments to Y’s draft Education, Health and Care Plan. Mr X says this caused him and his family distress and for Y to miss education. We have found fault in the actions of the Council for failing to issue Y’s Education, Health and Care Plan within statutory timescales and for failing to provide a suitable educational placement. The Council has agreed to write to Mr X to issue an apology and pay him a financial payment.

The complaint

1. Mr X complains the Council failed to provide a suitable educational placement after his child, Y, was no longer able to attend school in January 2024. Mr X also says the Council failed to complete Y’s Education, Health and Care Needs Assessment (EHCNA) within the statutory timescales; and failed to respond to Mr X’s proposed amendments to Y’s draft Education, Health and Care (EHC) Plan.
2. Mr X says this caused him and his family distress and for Y to miss education.

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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 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 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).

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How I considered this complaint

6. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
7. Mr X and the Council were invited to comment on my draft decision. I have considered any comments before making a final decision.

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What I found

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. 

Education, Health and Care Needs Assessment

9. Statutory guidance ‘Special educational needs and disability code of practice: 0 to 25 years’ (‘the Code’) sets out the process for carrying out EHC assessments and producing EHC Plans. The guidance is based on the Children and Families Act 2014 and the SEN Regulations 2014. It says the following: 

• 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. 
• If the council decides not to conduct an EHC needs assessment it must give the child’s parent or young person information about their right to appeal to the Tribunal.
• 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. 
• If the council goes on to carry out an assessment, it must decide whether to issue an EHC Plan or refuse to issue a Plan within 16 weeks.
• 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 (unless certain specific circumstances apply).

Alternative provision

10. Section 19 of the Education Act 1996 says that councils must arrange suitable alternative educational provision when it finds that a child is unable to attend school because of a permanent exclusion, an illness, or for any other reason which make the school inaccessible to the child. The alternative educational provision must be suitable to the child’s age, ability and aptitude, and any special educational needs they have.

What happened

11. Mr X says Y stopped attending school in January 2024.
12. Mr and Mrs X requested an EHCNA in mid-July 2024. The request stated at that point Y’s attendance was 45%.
13. The Council wrote to Mr and Mrs X in mid-August 2024 to confirm it would proceed with the EHCNA.
14. The Council wrote to Mr and Mrs X in mid-November 2024 to say it was experiencing delays with completing EHCNA’s and apologised for this.
15. Mr and Mrs X raised a complaint with the Council in late November 2024 for the delay in completing the EHCNA.
16. The Council issued a stage one response to Mr and Mrs X’s complaint in mid-December 2024 and apologised for the delays.
17. Mr and Mrs X raised a further complaint in early January 2025 and said the Council had breached statutory timescales, it failed to prioritise Y’s case and delays were unacceptable. Mr and Mrs X also said Y was not receiving any provision.
18. The Council issued a stage two response in early February 2025 and said it upheld Mr and Mrs X’s complaints about the delays with the EHCNA and apologised for this and not identifying Y’s case as a priority.
19. The Council received Educational Psychologist (EP) advice in late February 2025 and issued a draft EHC Plan in mid-March 2025.
20. Mr and Mrs X chased a response to amendments they had requested to the draft EHC Plan in mid-April 2025, and the Council issued a further draft plan the following day.
21. Mr and Mrs X provided comments on the draft EHC Plan in mid-April 2025 and May 2025.
22. Y’s school put tutoring in place for Y for three hours per week in May 2025.
23. Mr and Mrs X continued to chase for an updated plan throughout May and June 2025.
24. The Council confirmed it would make changes to the draft plan in late June 2025.
25. Mr and Mrs X emailed the Council in early July 2025 to ask if funding could be put in place to continue the tutoring in September while the EHC Plan was being finalised.
26. The Council issued a third draft of Y’s EHC Plan in July 2025, and a final plan was issued in late August 2025.

Analysis

Education, Health and Care Needs Assessment

27. Mr and Mrs X requested an EHCNA for Y in mid-July 2024. The Council did not issue Y’s final EHC Plan until late August 2025. This is fault and would have caused Mr and Mrs X frustration and distress. It has also delayed any appeal rights.
28. The Council did advise Mr and Mrs X of the delays and have apologised during the process. However, after receiving EP advice it still took the Council several months to issue the EHC Plan.
29. The Council also failed to respond to Mr and Mrs X’s comments and chaser correspondence between April and June 2025 regarding Y’s draft EHC Plan. This is fault and would have caused Mr and Mrs X frustration.

Alternative provision

30. Mr X says Y stopped attending school in January 2024. The Council says Y’s school put in place a reduced timetable, access to an internal provision and canine therapy. I have not been able to see the Council were aware of Y’s low/non-attendance at this point.
31. The Council were aware of Y’s low attendance in July 2024 when Mr and Mrs X requested an EHCNA. I have not been able to see what action the Council took to consider its Section 19 duty at this point.
32. I understand Y’s school put a tutor in place in around May 2025, but Mr and Mrs X say Y was not receiving any provision before this point.
33. The Council has not been able to demonstrate how it satisfied itself Y was receiving a suitable level of education after becoming aware of Y’s low/non-attendance in July 2024. This is fault and would have caused Mr and Mrs X and Y distress and frustration sand for Y to miss out on provision.

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Action

34. Within four weeks of a final decision, the Council should:

• Write to Mr X and apologise for the distress caused by the faults identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Pay Mr X £800 in recognition of the delays in issuing Y’s EHC Plan.
• Pay Mr X £4,800 in recognition of missed provision between July 2024 and May 2025. This is calculated at roughly £2,400 per term.

35. The Council should provide us with evidence it has complied with the above actions.

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Decision

36. I find fault causing injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman