Summary: We will not investigate this complaint that the Council was at fault in the process of assessing the complainant’s child’s needs and delayed issuing her Education Health and Care plan. This is because investigation would not lead to a different outcome.

The complaint

1. The complainant, Mrs X, complains that the Council failed to issue her daughter’s Education Health and Care (EHC) plan within the appropriate timescale and failed to communicate with her reasonably throughout the process.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mrs X’s daughter has an EHC plan which the Council issued in June 2025. Mrs X says, and the Council accepts, that the assessment process exceeded the 20-week timescale set out in the statutory guidance by nine months. She says the delay in identifying and meeting her daughter’s needs caused detriment to her education and mental health. She also says the delay had a negative impact on her own mental health and the welfare of her family.
6. In response to Mrs X’s complaint, the Council has offered symbolic payments totalling £1150, which it has based on the Ombudsman’s approach to remedying such complaints.
7. The Ombudsman will not investigate Mrs X’s complaint because investigation would add nothing significant to the response she has already received. The Council has upheld Mrs X’s complaint. The symbolic payment it has offered exceeds the £100 per month the Ombudsman recommends in such cases. If we were to investigate, it is likely that the outcome would not be significantly different. That being the case, our intervention is not warranted.

Back to top

Final decision

8. We will not investigate Mrs X’s complaint because investigation would not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman