Summary: The Council delayed funding one to one for support for Miss X’s child Y, in line with their Education, Health and Care Plan between November 2024 and January 2025. The Council agreed to apologise and make a payment to recognise the injustice this caused.

The complaint

1. Miss X complained the Council failed to ensure her child Y’s one to one support was in place in line with their Education, Health and Care (EHC) Plan between November 2024 and January 2025.
2. Miss X said it meant Y was only able to attend school part time during that period which caused distress and frustration.

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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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. 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)
5. 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

6. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
7. Miss 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

Relevant law and guidance

EHC Plans

8. 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.
9. 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

10. Miss X has a child Y who is of primary school age. Y has special educational needs and a disability which means they use a wheelchair. This means they need extra support in school. Following an EHC needs assessment the Council issued Y with an EHC Plan in November 2024.
11. The EHC Plan outlined the specialist provision Y was entitled to at school. The Plan required a one to one support adult during the school day to help with movement around the school, transitioning to different activities and for social activities and interaction.
12. Records show funding for Y’s one to one was not in place until January 2025 which meant Y could only attend school part time during that period.
13. Miss X complained to the Council in July 2025 about the delay in putting Y’s funding for one to one support in place. She raised concerns about funding from September 2025 onwards when the new academic year began.
14. The Council responded in August 2025 and said Y’s funding was approved and was in place but recognised it took some time to do so. It said the funding would continue in September 2025.
15. Miss X complained to us in September 2025. She said although funding was in place for Y between January and July 2025 it was no long longer in place. She said Y’s school was currently using spare members of staff to fill in the gaps.

My findings

16. Y was entitled to all of the provision in their EHC Plan from the point it was issued at the end of November 2024. The Council has accepted a short delay in putting funding in place which was fault. Y did not have one to one support for around five weeks between November 2024 and January 2025 which meant they could only attend on a part time basis impacting on their education.
17. Miss X confirmed Y attended school full time and their one to one support was in place for the remainder of the school year between January and July 2025.
18. In her complaint to us Miss X has referred to funding not being in place from September 2025. Miss X should make a new complaint to the Council in first instance for concerns about matters from September 2025. She can complain to us again if she remains dissatisfied.

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Action

19. Within one month of the final decision the Council agreed to apologise to Miss X and pay her £500 to recognise the distress and the impact on Y’s education caused by the delay in funding Y’s one to one provision between November 2024 and January 2025. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology I have recommended.
20. The Council should provide us with evidence it has complied with the above actions.

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Decision

21. I found fault causing injustice and the Council agreed to my recommendation to remedy that injustice.

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Investigator's decision on behalf of the Ombudsman