Summary: We will not investigate this complaint about the Education, Health and Care plan process. This is because the Council has offered an appropriate remedy for the injustice caused by the delay. Investigation by the Ombudsman would not lead to a different outcome.

The complaint

1. Mrs X complained about delay in the Education, Health and Care Plan (EHC Plan) process. Mrs X says the Council failed to meet the relevant timescales in the SEN Code of Practice.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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. Mrs X asked the Council to assess her child for an EHC Plan in January 2025. The Council agreed to issue an EHC Plan and the deadline for the Council to complete the process was 23 May 2025. The Council eventually issued the final plan on 09 October – just under five months late.
8. The Council has accepted it has taken longer than it should to complete the process. This is fault and has caused Mrs X frustration and distress. The Council has offered a remedy of £850 for the injustice caused.
9. While I understand Mrs X’s frustrations, we will not start an investigation into her complaint. The Council has previously assured the Ombudsman of the actions it is taking to address delays in the EHC Plan process. We are therefore satisfied the Council has a plan to address this issue. It has also offered a suitable remedy to Mrs X and an investigation would be unlikely to lead to any further recommendations or achieve a different outcome.
10. The Council has agreed a suitable remedy and is taking to steps to address the issue at the heart of this complaint. We will not therefore investigate.

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Final decision

11. We will not investigate Mrs X’s complaint because the Council has offered a suitable remedy for the identified injustice. Our further involvement would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman