Summary: We will not investigate this complaint about the Council’s delays in an Education Health and Care Needs Assessment. This is because the Council has agreed to an appropriate remedy for the injustice caused by the delay.

The complaint

1. Ms X complains the Council failed to obtain an Educational Psychologist report in the statutory timeframes when it was carrying out an Education Health and Care Needs Assessment.
2. She says this has caused delays in her daughter getting an Education Health and Care (EHC) plan to determine what her needs are and find a suitable school place.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
4. 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)
5. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted)

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Ms X complained the Council had taken longer than the six weeks allowed to obtain an educational psychologist report needed for her daughter’s assessment. She said without these her daughter’s needs were not fully known and this has meant a delay in finding a suitable school place for her.
9. If we investigated this complaint it is likely we would find the Council at fault because it has acknowledged delays in the assessment process caused by the availability of educational psychologists.
10. 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.
11. In cases like this we consider a payment of £100 to be a suitable remedy for each month of delay. We, therefore asked the Council to consider remedying the injustice caused by the three-month delay in the assessment process with a payment of £300 to Ms X to resolve the complaint early.

Back to top

Agreed Action

12. To its credit the Council agreed to resolve the complaint and will pay Ms X £300 by 7 May 2026.

Back to top

Final decision

13. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Ms X

Back to top

Investigator's decision on behalf of the Ombudsman