Summary: Miss X complained the Council failed to fulfil the findings from the Special Educational Tribunal. She says that some educational provision has only been provided after a delay, while the Council has not provided other provision at all. The failure to do so has impacted her child and whole family by causing them avoidable and unnecessary distress. We found the Council at fault. It failed to provide all the provision set out by the tribunal and the Educational Health and Care plan. We found the Council should apologise and make payment to remedy the injustice experienced.

The complaint

1. Miss X complains about the Council’s failure to fulfil the findings of the Special Educational Tribunal (Tribunal). She says that some educational provision has only been provided after a delay, while the Council has not provided other provision at all.
2. The failure to do so has impacted Miss X’s child and whole family by causing them avoidable and unnecessary distress. Particularly as Miss X’s child was due to sit their examinations. As a resolution Miss X has requested for an award to recognise the failure to provide the educational provision.

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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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What I have and have not investigated

6. We have not investigated events prior to the Tribunal. After the Tribunal made its findings, the Council had until June 2025 to put the special educational provision in place. We have therefore investigated this matter from June 2025 onwards.
7. Although Miss X raised this complaint to the Ombudsman in October 2025, we have considered events up to the end of the summer term in 2026. This is because the injustice stemming from the fault is ongoing. It would not be proportionate or fair to make Miss X complain about the same matter again to the Council.
8. In addition, Miss X has confirmed that her child is due to attend a different educational setting in September 2026. Therefore, any injustice experienced is limited to the end of the summer term in 2026. Any dispute after this point, would be the basis of a new complaint.

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How I considered this complaint

9. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.
10. I have also considered the relevant statutory guidance, as set out below. In addition, I have considered the Ombudsman’s published guidance on remedies.

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What I found

What should have happened

11. 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.
12. 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)  
13. We accept it is not practical for councils to keep a ‘watching brief’ on whether schools and others are providing all the special educational provision in section F for every pupil with an EHC Plan. We consider councils should be able to demonstrate appropriate oversight in gathering information to fulfil their legal duty. At a minimum we expect them to have systems in place to: 

• check the special educational provision is in place when a new or amended EHC Plan is issued or there is a change in educational placement; 
• check the provision at least annually during the EHC review process; and 
• quickly investigate and act on complaints or concerns raised that the provision is not in place at any time. 

What happened

14. In May 2025 the Tribunal found the Council should finalise an Educational Health and Care (EHC) plan for Miss X’s child. It made changes to section B and F of the plan.
15. The Council had until June 2025 to put in place the special educational provision set out in the plan. The Council issued a draft plan on 26 June 2025 and a final plan on 24 July 2025. Miss X reports the Council failed to put in place the provision at the time. She says that no hydrotherapy provision has been provided at all by the Council.
16. Miss X also says the Council did not put in place Speech and Language Therapy (SaLT) until the end of April 2026. Furthermore, Miss X confirms that Physiotherapy provision started in October 2025 and Occupational Therapy was also delayed.
17. Miss X explains the Council has failed to provide SaLT training to the school and has also not provided the assistive technology listed in the EHC plan.
18. The Council say that it has offered to provide catch up sessions for the provision missed by Miss X’s child. However, it reports that Miss X’s child has stopped attending school. Miss X says that her child has experienced burnout because of the delay in providing provision and does not believe that her child would be able to complete the catch-up provision proposed by the Council.
19. Miss X explains that her child was due to sit their GCSE in the summer of 2026 but has had to drop subjects due to the lack of provision provided. She confirms that some courses, such as English, will need to be re-took when her child attends college in September 2026.

Analysis

20. The Council has a non-delegable duty to provide the educational provision set out in the EHC plan. After the Tribunal hearing, the plan and provision should have been in place by June 2025. However, most of the provision was not secured until 2026 and some has yet to be provided. I consider both the delay in securing provision and the failure to provide some provision at all, to be fault by the Council.
21. The fault has caused Miss X, her child and family injustice. In that Miss X’s child has missed educational provision they were entitled to receive. The fault has also had a cumulative effect. Miss X has explained the failure to provide provision such as SaLT has meant that her child has been less able to contribute and attend other educational provision offered by the Council. As a result, their school attendance has dropped, and she has missed further provision.
22. I recognise the Council has tried to offer some catch up sessions to help provide the provision Miss X’s child has missed. It is what we would expect to see when provision is missed due to the fault of the Council. However, Miss X has explained that she believes that due to burnout, her child would not be able to complete the extra sessions offered. She has sought therefore for the Council not to provide these extra sessions.
23. When a Council has failed to provide all the provisions set out in the EHC plan, we can look to remedy the injustice caused by this loss. In considering this, I have assessed that some provision was provided, but delivered late, and other provision such as hydrotherapy was not offered at all.
24. I have also considered the consequential impact of the failure to provide the provision has had on Miss X’s child and their capability to attend school. This has been limited during the winter term of 2025 and the spring and summer terms of 2026.
25. Our guidance sets out that we should consider the severity of the child’s Special Educational needs and whether the period missed, was a significant one for the child such as in an examination year. Miss X has confirmed that her child was taking GCSE’s and because of the failure to provide provision, has had to drop some subjects and will retake English.
26. The EHC plan provided lists Miss X’s child’s needs which are extensive. The failure to provide the provision would have therefore greatly impacted Miss X’s child. I have also taken account both the offer to provide some extra provision by the Council and that Miss X’s child cannot take this up.
27. Overall, in consideration of the circumstances of the complaint, I have therefore decided to recommend an award of £2,000 per term. This covers the Winter term of 2025 and the spring and summer terms of 2026. I also consider the Council should apologise to Miss X for the avoidable and unnecessary distress this issue has caused her.
28. Although the provision should have been in place from June 2025, I have considered that it was near to the end of the academic year which meant the missed provision was minimal. I have also considered the summer term of 2026 has yet to end. However, I have taken account that Miss X’s child cannot complete the catch-up sessions and is still missing some provision listed in their EHC plan. It is also near to the end of this term and so it is unlikely that this could be rectified or changed before the end.
29. As mentioned above, any issue about the lack of provision from September 2026 onwards would be the basis of a new complaint at the time.

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Action

30. Within four weeks of my final decision, the Council has agreed to:
1. Provide Miss X with an apology for the unnecessary and avoidable distress caused by the failure to secure suitable special educational provision.
2. Pay Miss X £6,000 for the failure to secure full special educational provision from June 2025 through to the summer term of 2026.
31. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
32. The Council should provide us with evidence it has complied with the above actions.

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Decision

33. I find fault causing injustice. I found the Council should apologise and make a payment to Miss X.

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Investigator's decision on behalf of the Ombudsman