Summary: We will not investigate this complaint about the Council’s actions following an appeal to the Tribunal. The injustice to Mr X is not significant enough to warrant our involvement.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained about the Council’s actions following an appeal to the Tribunal. Mr X says the Council failed to comply with the required timescales causing distress and lost education.

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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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the Tribunal in this decision statement.

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X asked the Council to assess his child for an Education, Health and Care Plan (EHC Plan). The Council refused Mr X’s request, and he appealed to the Tribunal. The appeal was decided in Mr X’s favour on 21 July 2025. The Council had until 29 September to refuse Mr X’s request for an EHC Plan or until 27 October to issue a final plan. The Council refused Mr X’s request on 21 November – just under two months late.
7. While I understand Mr X’s frustrations, we will not start an investigation into his complaint. The Council was at fault because it took too long to reach a decision. But the injustice from just under two months of delay is not significant enough to warrant our involvement. We will not therefore investigate.

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Final decision

8. We will not investigate Mr X’s complaint because the injustice is not significant enough to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman