Summary: We will not investigate this complaint about the Education, Health and Care plan process. This is because the Council has agreed to an appropriate remedy for the injustice caused by the delay.

The complaint

1. Mr X complained about delay in the Education, Health and Care Plan (EHC Plan) process. Mr X says the Council failed to meet the relevant timescales in the SEN Code of Practice.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
3. 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)

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How I considered this complaint

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

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My assessment

7. Mr X asked the Council to assess his child for an EHC Plan. If the Council decided not to issue an EHC Plan, it should have made the decision by 09 April 2025 - week 16 of the process. If the Council decided to issue an EHC Plan, it should have done so by 07 May 2025 – week 20 of the process.
8. The Council has accepted it has taken longer than it should to complete the process due to a shortage of Educational Psychologists. This is service failure. This has caused Mr X frustration and distress.
9. The Council has previously assured the Ombudsman of the actions it is taking to address delays in the EHC Plan process. We are therefore satisfied the Council has a plan to address this issue.
10. In cases like this we consider a payment of £100 to be a suitable remedy for each month of delay. The Council has already paid Mr X £500 which covers five months of delay.
11. Because the Council has still not made a decision about whether to issue an EHC Plan, there is ongoing injustice to Mr X. We asked the Council to remedy this by making a further payment. This would resolve the complaint early. The Council has agreed to the following to remedy Mr X’s complaint.
• Pay £100 per month for each extra month of delay after the five months of delay already remedied. If the Council decides to issue an EHC Plan, the extra remedy due should be calculated from 07 October 2025 – five months after the week 20 date.  If the Council decides not to issue an EHC Plan, the extra remedy due should be calculated from 09 September 2025 – five months after the week 16 date.  The Council should pay this extra remedy for a maximum of six months. The payment should be made within four weeks of the Council issuing a refusal decision or final EHC Plan.
12. If there is further delay beyond six months, Mr X may make a fresh complaint to the Council. If unhappy with the Council’s response, Mr X may come back to the Ombudsman. We would then consider if any further delays were due to the national shortage of Educational Psychologists or from issues elsewhere in the process. This may then warrant a further remedy.
13. The Council has agreed a suitable remedy and is taking to steps to address the issue at the heart of this complaint. We will not therefore investigate.

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Final decision

14. We will not investigate Mr X’s complaint because the Council has offered a suitable remedy for the identified injustice.

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Investigator's decision on behalf of the Ombudsman