Summary: We will not investigate this complaint that the Council delayed issuing an Education Health and Care plan for the complainant’s son. This is because investigation would not lead to a different outcome.

The complaint

1. The complainant, Miss X, complains that the Council failed to issue her son’s Education Health and Care (EHC) plan within the appropriate timescale.

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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)

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How I considered this complaint

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

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My assessment

5. Miss X’s son has an EHC plan which the Council issued in July 2025. Miss X says the assessment process exceeded the 20-week timescale set out in the statutory guidance by more than 14 months. She says that the delay left her son in an unsuitable educational setting, causing detriment to his education and welfare. She also says the impact of the delay caused her mental health to suffer.
6. In settlement of her complaint, Miss X says the Council should provide a fair financial remedy which reflects the impact of the delay and extra costs she incurred as a result.
7. The Ombudsman will not investigate Miss X’s complaint because investigation would add nothing significant to the response she has already received. The Council has accepted that it was at fault in delaying the EHC plan by over 14 months. It has offered Miss X £1450, which is based on the £100 per month symbolic payment 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.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman