Summary: We will not investigate this complaint about delays in the annual Education Health and Care Plan review process. The Council has upheld the complaint and agreed to remedy Mrs X’s injustice by providing a financial remedy. There are no wider public interest issues to justify our investigation.

The complaint

1. Mrs X complained the Council delayed issuing a final Education Health and Care (EHC) Plan, for her child (Y), following a review. Mrs X also said the Council did not communicate with her appropriately during this time.
2. Mrs X said this caused her distress and delayed her right of appeal to the Tribunal.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complained the Council delayed issuing a final EHC Plan for Y after his annual review, which took place in October 2024.
7. Y was due to move to a secondary school in September 2025 and therefore the law says the Council should have issued a final EHC Plan by 15 February 2025.
8. The Council issued Y’s final EHC plan in May 2025. The plan was issued around 13 weeks after the due date.
9. Mrs X also said the Council communicated poorly with her during the review process and about her complaint.
10. The Council upheld all of Mrs X’s complaint and apologised for the distress it caused her by delays and poor communication.
11. The Council also went on to offer Mrs X a financial remedy of £1000 to remedy the injustice it caused her.
12. Additionally, the Council explained the improvements it is making to its SEN service. This includes increased staff levels and an improved training programme.
13. I consider the actions taken by the Council are appropriate and we would not achieve anything more by investigating this complaint. Therefore, we will not investigate.

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Final decision

14. We will not investigate Mrs X’s complaint because the Council has provided a suitable remedy for injustice and there are no wider public interest issues to justify our involvement.

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Investigator's decision on behalf of the Ombudsman