Summary: Mrs X complained the Council incurred delays following her request for an Education, Health and Care needs assessment for her son. She also complained the Council failed to provide alternative educational provision when her son was unable to attend school. Mrs X says the Council’s actions caused significant, avoidable anxiety and led to her son falling behind academically. We found fault by the Council. The Council has agreed to provide an apology and a financial remedy to address the injustice identified.

The complaint

1. Mrs X complained the Council incurred delays following her request for an Education, Health and Care needs assessment for her son. She also complained the Council failed to provide alternative educational provision when her son was unable to attend school. Mrs X says the Council’s actions caused her and her son significant, avoidable anxiety and distress and led to her son falling behind academically. Mrs X would like the Council to expedite the Education, Health and Care Plan process for her son, provide suitable alternative education while the plan is pending, provide a financial remedy and make service improvements to avoid a reoccurrence.

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The Ombudsman’s role and powers

2. 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)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
5. 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)

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What I have and have not investigated

6. I have investigated the above complaint for the period June 2024 (12 months before Mrs X brought her complaint to the Ombudsman) to 28 January 2025 (the date of the Council’s final complaint response).
7. I have not investigated the period prior to June 2024 because this period is late and there are no good reasons to exercise discretion. I have not investigated the period after 28 January 2025 because this period is after the Council’s final complaint response and was therefore not part of the Council’s complaint investigation. Mrs X submitted a separate complaint to the Council in September 2025, after bringing her initial complaint to the Ombudsman. Consideration of events after January 2025 are therefore a separate matter to this investigation.

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How I considered this complaint

8. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
9. Mrs X and the Council had an opportunity to comment on a draft of this decision. I considered any comments received before making a final decision.
10. 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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What I found

Education, Health and Care Plans

11. A child or young person with special educational needs (SEN) may have an Education, Health and Care (EHC) Plan. This sets out the child’s needs and what arrangements should be made to meet them.
12. Statutory guidance ‘Special educational needs and disability code of practice: 0 to 25 years’ 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 includes 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 First-tier Tribunal (Special Educational Needs and Disability).
• 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). 
13. As part of the assessment, councils must gather advice from relevant professionals (SEND Regulation 6(1)). This includes: 

• the child’s educational placement; 
• medical advice and information from health care professionals involved with the child; 
• psychological advice and information from an Educational Psychologist (EP); 
• social care advice and information; 
• advice and information from any person requested by the parent or young person, where the council considers it reasonable; and 
• any other advice and information the council considers appropriate for a satisfactory assessment. 

Alternative provision

14. 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.
15. We published good practice guidance on how we expect councils to fulfil their responsibilities to identify and arrange alternative educational provision: Supporting children out of school (October 2025)
16. Our guidance says that councils should consider all the reasons for a child’s absence from school and make a written evidence-based decision about whether it will arrange alternative education provision.
17. Where councils arrange for schools or other bodies to carry out their functions on their behalf, the council remains responsible. Therefore, councils should retain oversight and control to ensure their duties are properly fulfilled.
18. The Council’s Education Access Team (EAT) is responsible for ensuring pupils who are unable to attend school are provided with suitable education.

Background

19. Mrs X’s son, Y, has a diagnosis of autism with a profile of Pathological Demand Avoidance.
20. In 2023, Y transitioned to a secondary school, School A. Mrs X says the transition brought on a severe mental health crisis in Y which included extreme daily meltdowns, self-harm and suicidal ideation.
21. In October 2023, School A placed Y on a part-time timetable due to his anxiety and poor mental health. At around this time, Y was absent from school for several weeks.

What happened

22. This chronology includes key events in this case and does not cover everything that happened.
23. The Council says Y’s attendance at School A began to fall in June 2024. In September 2024, Y transitioned to Year 8, still with a part-time timetable.
24. Y’s period of absence from School A began at the start of October 2024 following an incident at school.
25. On 1 October 2024, Mrs X asked the Council to carry out an EHC needs assessment for Y. Mrs X said Y found it difficult to build his attendance regarding his part-time timetable but said she believed he could achieve well in a mainstream school with the right support. The Council acknowledged receipt of the request on 2 October 2024.
26. On 6 October 2024, Mr X (Mrs X’s husband) asked School A to secure alternative provision for Y. Mr X said Y was highly distressed and anxious following the incident at school and was not well enough to return to school for several weeks.
27. School A replied on 7 October 2024. It said there was no legal requirement for the school to secure alternative provision unless Y was medically unfit to attend. School A said this would need to be confirmed by Y’s GP.
28. Mrs X says she provided School A with a medical certificate from Y’s GP on 14 October 2024.
29. On 24 October 2024, Mrs X emailed the Council. Mrs X said she understood that following a professionals’ meeting held after Y’s previous period of absence in 2023, a support plan was in place for Y if his attendance fell.
30. The Council emailed School A on 28 October 2024 and asked it to submit a medical referral for support from its Education Access Team (EAT) as a matter of urgency. It said the previous meeting regarding Y was a long time ago and the Council needed updated information.
31. The Council called Mrs X on 31 October 2024. Mrs X says the Council told her a new referral form was required and that Y’s GP would need to provide further information.
32. On the same day, the Council wrote to Mrs X regarding her request for an EHC needs assessment. The Council acknowledged Y’s diagnosis of autism but said there was no indication that his needs could not be met through the SEN support already available at School A. The Council said it had decided not to undertake an assessment.
33. The Council contacted School A again on 4 November 2024 to request completion of the medical referral form.
34. Mrs X emailed the Council on 20 November 2024 to ask it to reconsider its decision not to carry out an EHC needs assessment. Mrs X provided additional information from School A in support of her request.
35. The Council reconsidered Mrs X’s request and on 26 November 2024, notified her that it had decided to undertake an EHC needs assessment. The Council said an EP was not yet assigned to Y’s case.
36. The EAT received a referral from School A on 3 December 2024. The Council says the referral contained insufficient information to determine if the threshold to provide alternative provision was met.
37. On 6 December 2024, the EAT told Mrs X it was triaging the referral.
38. Mrs X attended a meeting at School A on 7 January 2025. At this time, Y had returned to school on a part-time timetable.
39. On 14 January 2025, Mrs X requested an update on the progress of the EHC needs assessment. She said Y had returned to school in January but was finding it hard to manage. The Council replied on the same day. It apologised for any inconvenience caused by the delay and said it was still awaiting the allocation of an EP.

Mrs X’s complaint

40. Mrs X complained to the Council on 26 January 2025. She said the Council had not provided an EHC Plan within the required timeframe and Y’s needs were not being met in school. She said this had led to significant periods of absence and that Y had been medically signed off as a result of his anxiety and poor mental health. Mrs X said Y remained on a part-time timetable and was not able to progress past 50% of a full timetable until his specific needs were assessed and a plan put in place. Mrs X complained Y was not provided with any alternative provision despite his absences being medically authorised.
41. The Council provided its complaint response on 28 January 2025. It acknowledged the timescale for completion of the EHC needs assessment fell significantly short of the statutory timeframes and said the Council’s main priority was to improve its service. The Council said the delay was due to several factors, including difficulty regarding the recruitment and retention of EPs. The Council said it would allocate an EP to Y’s case as soon as possible.

What happened next

42. Mrs X remained dissatisfied with the Council’s complaint response and brought the complaint to the Ombudsman.
43. Mrs X raised another complaint with the Council in September 2025 about the continued delay regarding the EHC needs assessment and potential education providers for Y.
44. The Council notified Mrs X on 12 December 2025 that it had completed its EHC needs assessment and decided to issue an EHC Plan.
45. The Council issued the final EHC Plan on 21 January 2026.
46. In February 2026, the Council provided a financial remedy to Mrs X in recognition of the delays in the EHC Plan process.

Analysis – Mrs X’s complaint about delays in the EHC Plan process

47. 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).
48. Mrs X made her second request for an EHC needs assessment on 20 November 2024. The Council should therefore have issued a final EHC Plan by 9 April 2025. The Council issued the final EHC Plan on 21 January 2026, 10 months after the maximum statutory timeframe of 20 weeks.
49. The evidence therefore shows significant delay in the EHC Plan process. This delay is fault.
50. The Council has acknowledged the delays incurred and has provided a financial remedy to Mrs X to recognise the frustration and uncertainty caused to the family. The financial remedy already provided is in accordance with the Ombudsman’s published guidance on remedies and is an appropriate figure.

Mrs X’s complaint about alternative provision

51. Where a child cannot attend school because of health problems, and would not otherwise receive a suitable full-time education, the Council is responsible for arranging provision.
52. In its response to our enquiries, the Council said it contacted School A and Mrs X to assess whether the educational arrangements in place were suitable and accessible. The Council says it contacted School A multiple times to request a referral form and to advise it to liaise with Mrs X. The Council says it was unable to determine if the threshold for Section 19 was met between October and December 2024 because School A and/or Mrs X did not submit the necessary medical advice and referral paperwork.
53. I acknowledge the Council’s comments and that councils must make a decision as to whether the Section 19 duty applies. The duty to arrange alternative provision does not automatically apply simply because there is an expert opinion that says the child is unfit to attend school. This is because the council may have a rational ground to disregard that opinion, having considered it. The council is the decision-maker in this situation. I acknowledge in this case, the Council sought additional information in order to make its decision.
54. The evidence shows the Council told School A and Mrs X that it required a new referral (a request for support from the EAT) because of the length of time since the team’s last involvement.
55. The Council says it received the referral from School A in early December 2024, and that it told Mrs X on 6 December 2024 that it had begun to triage it. The Council says the absence of updated medical evidence prior to this date meant it could not conclude until December 2024 whether School A’s arrangements were suitable and whether the threshold for intervention was met.
56. Statutory guidance (Arranging education for children who cannot attend school because of health needs) says where specific medical evidence, such as that provided by a medical practitioner, is not readily available, the school or the local authority should consider liaising with other medical practitioners, and consider other evidence, to ensure appropriate provision can be arranged as soon as possible.
57. I acknowledge the Council says it did not have sufficient medical evidence prior to December 2024. However, the Council has not demonstrated how it considered any ‘other evidence’ when determining whether the Section 19 duty applied prior to this, given that Y was absent from school, without provision, from October 2024. The focus of the Council’s consideration appears to have been on the medical evidence provided as part of the new referral. This observation is supported by the Council’s explanation that when Mrs X reported in November 2024 that School A was not providing alternative provision and not engaging in the process, the Council said it would contact School A once the new referral (containing the information provided by Y’s GP) was available.
58. The statutory guidance says councils should consider other evidence when specific medical evidence is not readily available, so that provision is arranged with minimal delay. The Council has not demonstrated how/if it did this. This is fault. The injustice to Mrs X is uncertainty as to how the Council considered its Section 19 duty with regard to the information provided to it prior to December 2024.
59. When someone has suffered an injustice, we try to put them back in the position they would have been had that error not occurred. Our focus is on restoring services that have been denied and taking practical steps to put things right. Where that is not possible, we will try to think of remedies that acknowledge the impact of the fault identified.
60. When we decide an organisation needs to learn from this fault to prevent likely injustice to others in the future from similar fault, we can recommend actions it needs to take. We call this a service improvement.
61. I acknowledge the Council already has an action plan in place to improve its SEN service. As a result, I have not made service improvement recommendations in this case because we are continuing to monitor the Council’s implementation of its action plan, which includes actions on the issues identified in this investigation.
62. I also acknowledge the Council’s financial remedy already provided in respect of the delays in the EHC Plan process. As stated above, the remedy already provided is in accordance with the Ombudsman’s published guidance on remedies and is an appropriate figure. I have therefore not made an additional recommendation regarding this aspect of the complaint.

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Action

63. To address the injustice to Mrs X, the Council has agreed to take the following action within one month of the final decision:
1. Provide an apology to Mrs X for the fault 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, and
2. Make a symbolic payment of £300 in recognition of the uncertainty regarding the Council’s consideration of its Section 19 duties.
64. The Council should provide us with evidence it has complied with the above actions.

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Decision

65. I have found fault causing injustice. The Council has agreed to take the above actions to remedy the injustice identified and I have therefore concluded my investigation.

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Investigator's decision on behalf of the Ombudsman