Summary: We will not investigate Miss X’s complaint that the Council delayed responding to her following an annual review of her child’s Education, Health and Care Plan. This is because the Council has agreed to apologise for the delay and make a remedy payment to Miss X.

The complaint

1. Miss X complains that the Council delayed responding to her following an annual review of her child’s Education, Health and Care Plan.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The council must arrange for the EHC Plan to be reviewed at least once a year to make sure it is up to date. The council must complete the review within 12 months of the first EHC Plan and within 12 months of any later reviews. The annual review begins with consulting the child’s parents or the young person and the educational placement. A review meeting must then take place. The process is only complete when the council issues its decision to amend, maintain or discontinue the EHC Plan. This must happen within four weeks of the meeting. (Section 20(10) Special Educational Needs and Disability Regulations 2014 and SEN Code paragraph 9.176) 
6. If we were to investigate it is likely we would find fault causing the complainant injustice because the council delayed in deciding to maintain the child’s EHC plan by almost two months. This delay would have caused Miss X distress and frustration.
7. We therefore asked the Council to consider remedying the injustice caused by the likely fault by completing the following:
• Issue a written apology to Miss X for the delay.
• Make a payment of £100 to Miss X.

Back to top

Agreed action

8. The Council agreed to resolve the complaint and will complete the above within four weeks of the final decision to put things right.

Back to top

Final decision

9. We have upheld this complaint because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

Back to top

Investigator's decision on behalf of the Ombudsman