Summary: The Council was at fault for delays completing a child’s Education, Health and Care needs assessment and for not putting in place suitable education when the child was out of school. This meant the child had to wait longer to receive the support they were entitled to. The Council agreed to apologise and make payment to recognise the loss of education, uncertainty and delays carrying out the Education, Health and Care needs assessment.

The complaint

1. Ms X complains the Council:
• Took too long to assess her child’s special educational needs and issue an Education, Health and Care Plan.
• Did not put in place alternative education when her child was unable to attend school.
• Delayed responding to her complaint.
2. Ms X said this has impacted her child as they have fallen behind in their education. Ms X said she has had to stay at home with her child and has spent significant time pursuing support for her child with the Council.

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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 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)
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

6. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
7. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.
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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What I found

Special educational needs

9. A child or young person with special educational needs may have an Education, Health and Care (EHC) Plan. This document sets out the child’s needs and what arrangements should be made to meet them. The EHC Plan is set out in sections. We cannot direct changes to the sections about their needs, education, or the name of the educational placement. Only the Tribunal or the council can do this. 
10. Statutory guidance ‘Special educational needs and disability code of practice: 0 to 25 years’ (‘the Code’) sets out the process for carrying out EHC assessments and producing EHC Plans. The guidance is based on the Children and Families Act 2014 and the SEN Regulations 2014. It says the following: 

• Where the council receives a request for an EHC needs assessment it must decide whether to agree to the assessment and send its decision to the parent of the child or the young person within six weeks. 
• The process of assessing needs and developing EHC Plans “must be carried out in a timely manner”. Steps must be completed as soon as practicable. 
• If the council goes on to carry out an assessment, it must decide whether to issue an EHC Plan or refuse to issue a Plan within 16 weeks.
• If the council goes on to issue an EHC Plan, the whole process from the point when an assessment is requested until the final EHC Plan is issued must take no more than 20 weeks (unless certain specific circumstances apply);  

11. As part of the assessment, councils must gather advice from relevant professionals (SEND Regulation 6(1)). This includes: 

• the child’s educational placement; 
• medical advice and information from health care professionals involved with the child; 
• psychological advice and information from an Educational Psychologist (EP); 
• social care advice and information; 
• advice and information from any person requested by the parent or young person, where the council considers it reasonable; and 
• any other advice and information the council considers appropriate for a satisfactory assessment. 

Alternative provision

12. Section 19 of the Education Act 1996 says that the council must arrange suitable alternative educational provision when it finds that a child is unable to attend school because of a permanent exclusion, an illness, or for any other reason which make the school inaccessible to the child. The alternative educational provision must be suitable to the child’s age, ability and aptitude, and any special educational needs they have.
13. If a council discovers a child is absent from school for an extended period, it should consider the reasons for this, and take account of evidence from relevant parties (such as the child’s school, parents, and medical professionals). It must then decide whether it has a duty to make alternative educational provision.
14. If a council wants to see medical or other evidence, it should ask for it at the earliest opportunity. The council should account for any challenges a parent might have in obtaining evidence, and review its position based on any new evidence it receives.
15. Councils should consider any attempts the school is making to support the child. This might involve sending work home for the child to complete, arranging disability related support, placing the child on a reduced timetable, or providing online education as a short-term measure. If there is a clear, effective, and time-bound plan for reintegration then there may be no immediate role for the council in providing alternative education.

What happened

16. In October 2023, Ms X’s child, Y, stopped attending school. Ms X said this was as a result of Y experiencing school trauma in the first few weeks of starting secondary school.
17. The Council became aware Y was not attending school in December 2023, following a referral from Y’s school. The Council said it gave the school advice at this stage.
18. In early January 2024, Ms X asked the Council to carry out an EHC needs assessment for Y. In early February 2024, the Council told Ms X it agreed to assess Y’s needs.
19. In late May 2024, Ms X contacted the Council and told it Y had not been able to access education and complained about the time taken to complete Y’s EHC needs assessment.
20. Following further communication with Ms X the Council arranged to put in place some SEND intervention funding for Y. This started in the following school year in September 2024 and was made up of 20 hours of support per week. This included home and online tutoring, meet and greet support, one to one support and access to a centre run by trained mentors.
21. In August 2024, the Council received EP advice for Y.
22. In early September 2024, the Council wrote to Ms X and said it agreed to issue an EHC Plan for Y. The Council sent Ms X a draft EHC Plan on 29 October 2024. After issuing the draft EHC Plan Ms X and the Council explored the possibility of Education Otherwise than at School (EOTAS) for Y.
23. In March and April 2025, Ms X contacted the Council and provided it with a letter from one of the provision services supporting Y which said Y was no longer attending. Ms X also told the Council Y’s school were not using the SEND intervention funding properly and Y was receiving no education.
24. On 16 June 2025, the Council issued Y’s final EHC Plan. This named Y’s current school as the educational placement until a package of EOTAS was finalised which Y would transfer to.
25. In August 2025, Ms X contacted the Council as she had not heard anything further about Y’s EOTAS package. In October 2024, Ms X attended a teams meeting with the Council about Y’s EOTAS package. The Council finalised the EOTAS package in December 2025 and Y started to receive this from January 2026. Following this the Council issued Y with a new EHC Plan in January 2026, to reflect these changes.

Ms X’s complaint

26. Ms X complained to the Council in mid-May 2025. Ms X complained about the delays issuing Y’s EHC Plan and the time taken to put in place EOTAS. Ms X also complained the Council had not put in place suitable education for Y during this period.
27. The Council responded to Ms X’s complaint in mid-August 2025. The Council said the delay completing Y’s EHC Plan was initially due to the shortage of EPs followed by the time taken to finalise EOTAS. The Council acknowledged the delay and offered £1,375 for the delays in the assessment process.
28. The Council recognised it delayed responding the Ms X’s complaint and offered her £150 to acknowledge this.
29. The Council said it received a referral for Y’s school in early 2024 for support. At this stage the Council gave the school advice and told it to contact again if it needed further support. The Council said it did not hear anything further until September 2024 when it put in place funding for the school.
30. Ms X remained dissatisfied and complained to the Ombudsman.

Findings – EHC needs assessment

31. Ms X initially asked for an EHC needs assessment in January 2024. The Council told her within six weeks that it would carry out the assessment, however it took the Council eight months to issue her with a decision as to whether it would produce an EHC Plan. This was fault and it should have told Ms X whether it intended to issue a EHC Plan within 16 weeks of her request for an assessment.
32. The Council did not issue a final EHC Plan until mid-June 2025. This was fault. The Council should have issued a final Plan within 20 weeks of Ms X’s request for an assessment, so by late May 2024. Initially the delays were due to the Council getting EP advice. It did not obtain EP advice until August 2024. There were then further delays after it issued a draft EHC Plan. This was due to the time taken to agree a package of EOTAS for Y.
33. These delays have caused injustice to Y as they should have had an EHC Plan in place much sooner. Ms X also spent time and effort pursuing this with the Council to try to get Y the support they were entitled to. The Council has recognised the delays and offered Ms X £1,375 as part of its complaint response. Where delays issuing an EHC Plan have occurred because of EP delays we usually recommend £100 per month for each month of delay until a final EHC Plan is issued. In this case the initial delays were because of EP delays, however the further delays were due to EOTAS changes. Given the EHC Plan changed as a result of EOTAS, the provision listed in the EP advice is different to the provision in the final Plan. I cannot say on balance that Y would have received the specific provision in their EHC Plan sooner but for the further delays. Therefore I am satisfied that the Council’s offer of £100 per month is in line with what we would recommend.

Findings – Alternative provision

34. The Council, in its response to my enquiries said it became aware Y was not attending school in December 2023. The Council said it gave the school some advice. I consider the Council at fault here for not considering whether it had a section 19 duty to provide Y with alternative education. At this point the Council had received information about Y’s school attendance. It should have considered this alongside any steps the school were taking to decide whether it should step in and provide alternative education for Y. I cannot say on balance whether the Council would have decided to provide alternative provision at this stage, but its failure to properly consider this has caused Ms X uncertainty.
35. Towards the end of the summer term in 2024, Ms X raised further concerns about Y’s school attendance and lack of education. At this stage the Council looked into putting in place additional funding for the school which started in September 2024 and was supposed to provide further support for Y at their school setting.
36. In April 2025, Ms X told the Council the school were not using this funding to support Y and that Y was not receiving any education. The Council should have considered whether it had a duty to provide Y with alternative education at this point. Failure to do so was fault. At this time the Council was in the process of agreeing an EOTAS package for Y so the intention was Y would receive education outside of school. On this basis I am satisfied, on balance, had the Council considered whether it had a section 19 duty to provide alternative education it would have done so.
37. There also was significant delays putting in place the EOTAS package for Y. In particular from June 2025, after the Council issued the final EHC Plan, there was a long period without action until November 2025. These delays have meant Y has waited longer to receive their package of EOTAS. This caused Y significant injustice as at the time they were not receiving education.
38. Where we have found a child has missed out on suitable education our guidance on remedies recommends a payment per term to reflect that loss.
39. Normally we would also make a service improvement for the Council as it failed to decide whether it owed Y a duty to provide alternative provision. In response to a draft of this decision the Council confirmed it held training for staff on the section 19 duty in late 2025 and following this is has:
• Implemented a clear process for recording decisions and how provision is decided.
• Implemented checks to ensure staff are facilitating clear decision making around provision.
• Advised schools (particularly academies) on the Council’s process for section 19 provision at reviews.
40. In light of the above we have not made a service improvement due to the changes the Council has made since this complaint.

Findings – Complaint handing

41. There were delays responding to Ms X’s complaint. This was fault. The Council has recognised this when it provided its response. The Council offered Ms X £150 to acknowledge this. I am satisfied this is in line with our guidance on remedies and what we would recommend to remedy any injustice caused.

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Agreed Action

42. Within one month of my final decision the Council agreed to carry out the following:
• Apologise to Ms X for the injustice caused from the above faults. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• If it has not already done so pay Ms X the £1,375 and £150 it offered to her as part of the complaints process for the delays carrying out the EHC needs assessment and complaint handling.
• Pay Ms X £3,000 to recognise the loss of education to Y for approximately two terms (April 2025 to January 2026). In coming to a suitable figure I considered this was a critical stage of Y’s education as it was the beginning of secondary school and that Y had special educational needs.
• Pay Ms X £300 to recognise the uncertainty caused by the Council’s failure to consider whether it had a section 19 duty in December 2023.
43. The Council should provide us with evidence it has complied with the above actions.

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Decision

44. I find fault causing injustice. The Council agreed to the above actions to remedy the injustice caused.

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Investigator's decision on behalf of the Ombudsman