Summary: We upheld this complaint that the Council delayed issuing a final Education Health and Care Plan and its poor communication because the Council upheld the complaint, apologised, and offered a financial remedy of £1550. This is in line with our Guidance on Remedies and therefore we decided not to investigate.

The complaint

1. Miss X complained the Council:
1. delayed issuing her child’s (Y) final Education Health and Care (EHC) Plan; and
2. failed to communicate with her effectively.
2. Miss X said this caused distress and uncertainty to Y and the family and delayed her right to appeal to the Special Educational Needs and Disability (SEND) 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)
4. 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

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

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My assessment

7. Miss X asked the Council to carry out an EHC Needs Assessment for Y in May 2024.
8. Once it agreed to make an EHC Plan, the Council should have made the final EHC Plan within 20 weeks of the original application.
9. The Council issued Y’s EHC Plan in May 2025. The process took 54 weeks. This is 34 weeks longer than it should have taken. Miss X complained to the Council.
10. In its complaint response, the Council upheld the complaint. It acknowledged the delay and its poor communication. It apologised to Miss X and offered a symbolic payment of £1550 to acknowledge the distress, frustration and uncertainty caused. This is in line with the Ombudsman’s Guidance on Remedies.
11. Consequently, although we uphold this complaint, we will not investigate because an investigation is unlikely to achieve anything further.

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Final decision

12. We upheld Miss X’s complaint because the Council upheld the complaint and offered a suitable remedy.

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Investigator's decision on behalf of the Ombudsman