Summary: We will not investigate this complaint about delay in the Education and Health Care Plan process. This is because the Council has agreed to remedy the injustice caused by its delay and it is unlikely further investigation would achieve significantly more for Miss X. We will not investigate Miss X’s complaint about the Council’s decision to name a school in her son’s Education, Health and Care Plan because the decision carried a right of appeal which it would have been reasonable for her to use.

The complaint

1. Miss X complains the Council has delayed in reviewing her son’s Education Health and Care (EHC) Plan following her move to the area in September 2024. She also complains about the process and decision to name a school in her son’s EHC Plan which she considers unsuitable, and that the Council failed to contact her about the arrangements for her son’s school place from September 2025.

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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 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)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
5. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the Tribunal in this decision statement.

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How I considered this complaint

6. I considered information provided by Miss X and the Council.
7. I considered the Ombudsman’s Assessment Code.
8. 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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My assessment

9. Miss X moved into the Council’s area with her son in September 2024. Her son’s EHC Plan transferred to the Council at that time and the Council therefore became responsible for reviewing and delivering the provision set out in the Plan.
10. Councils must review EHC Plans at least annually. Where the child or young person is due to transfer between phases of education the SEND Code of Practice says any review and amendments to their Plan must be completed by 15 February in the calendar year of the transfer.
11. Having reviewed the information available I have reached the view that it is likely we would find the Council at fault if we investigated because:

• Miss X’s son was due to move from primary to secondary school in September 2025 and the Council did not amend the EHC Plan by 15 February 2025 as required. This caused Miss X and her son anxiety and distress and frustrated their ability to appeal against the final EHC Plan.
• The Council did not keep Miss X updated about the review process and the arrangements for her son’s move to secondary school. This added to the distress and anxiety resulting from the Council’s delay in completing the review.

The Council has apologised to Miss X and we asked it to consider remedying the outstanding injustice caused by its actions bypaying Miss X £150..

12. We have however decided not to investigate or invite the Council to provide a remedy in respect of its decision to name a school in her son’s EHC Plan which she believes cannot meet his needs. This is because the decision carried a right of appeal to the SEND Tribunal which it would have been reasonable for Miss X to use. We cannot determine the suitability of the school or direct the Council to amend the EHC Plan as she would like.

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Agreed action

13. To its credit the Council agreed to resolve the complaint and will pay Miss X £150 for the impact of the delay and lack of communication following her move into the Council’s area. It will do this within one month of our final decision.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman