Summary: Mrs X complained the Council failed to deliver provision in her son, Y’s, Education Health and Care (EHC) Plan. She says this distressed her family and Y missed provision. We are discontinuing our investigation. We have already investigated Mrs X’s complaint and cannot add anything to the previous investigation.

The complaint

1. Mrs X complained the Council failed to deliver the speech and language therapy (SALT) and occupational therapy (OT) provision in her son, Y’s, Education Health and Care (EHC) Plan from 2022 to 2024. She says this caused distress for her family and Y missed provision.

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The Ombudsman’s role and powers

2. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. 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)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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What I have and have not investigated

5. I have not investigated matters relating to Y’s EHC Plan prior to September 2024. This is a late complaint and there is not enough reason to investigate now. Mrs X was involved in the development and review of Y’s EHC Plan from 2022 onwards. She should have been able to bring a complaint earlier. I reference events prior to September 2024 for context in this matter.

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How I considered this complaint

6. I read Mrs X’s complaint and spoke to her about it on the phone.
7. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
8. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Background information

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. The council has a duty to make sure the child or young person receives the special educational provision set out in section F of an EHC Plan (Section 42 Children and Families Act). The Courts have said the duty to arrange this provision is owed personally to the child and is non-delegable. This means if the council asks another organisation to make the provision and that organisation fails to do so, the council remains liable (R v London Borough of Harrow ex parte M [1997] ELR 62), (R v North Tyneside Borough Council [2010] EWCA Civ 135)  

What happened

11. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
12. In June 2022 the Council put an EHC Plan in place for Mrs X’s son, Y.
13. Section F of the EHC Plan included:
• “Speech and Language Therapy (SALT) input should be sought concerning (Y’s) speech”
• “(Y) would benefit from involvement from the Occupation Therapy Service to specifically consider his needs concerning his fine motor skills.”
14. In November 2024 the Council carried out an annual review of Y’s EHC Plan. It said he was on both SALT and OT waiting lists.
15. In May 2025 Mrs X complained to the Council it had failed to provide any SALT or OT provision for Y from 2022 to 2024.
16. In June 2025 Mrs X complained to the Ombudsman about the Council not delivering provision in Section F of Y’s EHC Plan.
17. Later that month the Council responded to Mrs X’s complaint. The Council said it had failed to ensure delivery of Y’s SALT and OT assessments. It upheld Mrs X’s complaint, apologised and offered her a symbolic payment of £400.
18. Mrs X was not satisfied with the Council’s response to her complaint and asked it to escalate her concerns in July 2025.
19. In August 2025 the Council issued its stage 2 complaint response to Mrs X. It confirmed its original complaint response and the offer of £400. It then paid £400 to Mrs X.
20. Mrs X was not satisfied by the Council’s response and asked the Ombudsman to investigate. She wanted the Council to financially compensate her and prevent missed provision happening to others.
21. In March 2026 the Ombudsman issued its final decision on Mrs X’s previous complaint. We decided the Council had failed to deliver provision in Y’s EHC Plan and recommended a symbolic payment. This included £400 the Council had already paid to Mrs X following its August 2024 stage 2 complaint response.
22. In response to my enquiries, the Council accepted it had been at fault for failing to oversee Y’s EHC Plan and not delivering the SALT and OT assessments.

My findings

23. I am discontinuing my investigation. We have already investigated a complaint about the Council’s failure to deliver Y’s EHC Plan provisions. We decided the Council had missed provision in the Plan from January to April 2025 and accepted it had paid £400 to Mrs X specifically for missed SALT and OT oversight as part of a suitable overall remedy.
24. Mrs X asked us to investigate missed SALT and OT provision from 2022 to 2024. As stated in paragraph 5 I have not investigated matters prior to September 2024. The remaining period September to December 2024 falls immediately before the period covered by our previous complaint decision. However, both complaints include the Council’s overall failure to ensure delivery of SALT and OT assessments required by Y’s EHC Plan.
25. We have already investigated Mrs X’s complaint and agreed a suitable remedy by the Council for its failure to secure SALT and OT assessments for Y. We cannot add anything to the previous investigation.

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Decision

26. I am discontinuing my investigation. We have already investigated Mrs X’s complaint.

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Investigator's decision on behalf of the Ombudsman