Summary: We will not investigate this complaint about delays in the Council issuing an Education Health and Care Plan. The Council has agreed to resolve the complaint early by proposing a proportionate remedy for the injustice caused to Mrs X and there are no wider public interest issues to justify us investigating.

The complaint

1. Mrs X complained about delays by the Council in issuing her sons (Y) Education Health and Care (EHC) Plan.
2. Mrs X said the matter caused distress to Y.

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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 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)

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How I considered this complaint

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

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My assessment

6. Mrs X complained the Council delayed issuing Y’s EHC Plan after agreeing to carry out an assessment in November 2024. She said the delays caused stress, specifically because Y was due to begin secondary education from September 2025 and without a finalised plan, Y could not prepare for his move.
7. Mrs X requested the Council carry out an EHC Needs Assessment in September 2024 and the Council agreed to this in November 2024.
8. If we investigated this complaint, it is likely we would find the Council at fault because it issued Y’s EHC Plan in July 2025. This is 44 weeks from when Mrs X requested an assessment and over the 20-week statutory deadline.
9. We therefore asked the Council to consider remedying the injustice caused by its actions by paying Mrs X a £400 symbolic payment.
10. To its credit, the Council agreed to resolve the complaint early and will pay the symbolic payment within one month of this decision.
11. Because there are no wider public interest issues to justify our involvement, we will not investigate.

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Final decision

12. We will not investigate Mrs X’s complaint because we have upheld the complaint and the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman