Summary: We have upheld Mrs X’s complaint about delay in issuing her child’s Education, Health and Care (EHC) Plan. The Council have agreed to resolve the complaint by offering a suitable remedy.

The complaint

1. Mrs X complains the Council delayed issuing an Educational Health and Care (EHC) Plan for her child, Y. Mrs X also complains of poor communication and complaint management.

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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. 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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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 requested an EHC assessment for Y in November 2023. The Council assessed Y and decided to issue an EHC Plan. The EHC Plan was not issued until July 2025. This was a significant delay of 15 months.
7. We asked the Council to provide Mrs X with a symbolic remedy to recognise each month the EHC Plan was delayed. The Council has agreed and will complete this action within four weeks.
8. We will not investigate how the Council dealt with Mrs X’s complaint as it is not a good use of public resources to investigate complaints about complaint handling when we are not investigating the substantive issue.

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Final decision

9. We have upheld Mrs X’s complaint. The Council have agreed to a suitable remedy.

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Investigator's decision on behalf of the Ombudsman