Summary: We upheld Miss X’s complaint about delays in the Education, Health and Care process regarding her child. The Council agreed to resolve the complaint early by apologising to Miss X and paying her a symbolic payment of £250 to acknowledge the injustice caused.

The complaint

1. Miss X complains the Council failed to adhere to the statutory timescales when making an Education, Health and Care (EHC) Plan for her child, Y.
2. Miss X said the matter caused her frustration, distress, and uncertainty.

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 provide a free service but must use public money carefully. 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).
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. If we investigated this complaint, we would likely find fault because:
1. Y’s school requested an EHC needs assessment on 01 April 2025.
2. The Council later agreed to make an EHC Plan for Y. Therefore, to comply with the statutory timescales the Council should have made the final EHC Plan within 20 weeks of the original request, by 19 August 2025.
3. The Council made a final EHC Plan on 24 October 2025. This is approximately 9.5 weeks over the statutory timescales.
8. During our assessment, the Ombudsman noted the Council’s response to a previous investigation and the action plan provided as a result to resolve the challenges it has faced regarding the EHC process.
9. We therefore asked the Council to consider remedying the injustice caused to Miss X by the delays.

Back to top

Agreed action

10. Within one month of this final decision the Council agreed to:
1. write to Miss X and apologise for the frustration and uncertainty caused by the delay; and
2. pay Miss X £250 to acknowledge the frustration and uncertainty caused by the delay.

Back to top

Final decision

11. We upheld this complaint. The Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.

Back to top

Investigator's decision on behalf of the Ombudsman