Summary: We upheld this complaint that the Council delayed issuing a final Education Health and care plan. The Council upheld the complaint, apologised and offered a financial remedy of £850. This is in line with our Guidance on Remedies and therefore we decided not to investigate because further investigation by us would not be proportionate.

The complaint

1. Miss X complained the Council delayed issuing her child’s (Y) final Education Health and Care (EHC) Plan and communicated poorly with her during the EHC Needs Assessment.
2. Miss X said this delayed Y’s access to support and caused distress.

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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 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. Miss X asked the Council to carry out an EHC Needs Assessment for Y in September 2024.
8. Once it agreed to make an EHC Plan, the Council should have made the final EHC Plan within 20 weeks of the original application.
9. The Council issued Y’s EHC Plan in October 2025. The process took 57 weeks. This is 37 weeks longer than it should have taken.
10. In its complaint response, the Council upheld the complaint, acknowledging it had not met statutory timescales. The Council explained ongoing pressures it faced due to a national shortage of Educational Psychologists.
11. After the Council shared Y’s EHC Plan with Miss X, the Council offered a symbolic payment of £850. This was to acknowledge the distress, frustration and uncertainty caused. This is in line with the Ombudsman’s Guidance on Remedies.
12. Miss X also complained the Council communicated poorly with her during the EHC Needs Assessment process by not providing realistic timescales.
13. The Council previously told us it would make changes to its service, specifically by improving communications with families who are waiting for EHC Plans.
14. Further investigation would not be proportionate here. The Council offered Miss X a suitable remedy and has already told us it will make changes to improve its service.

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Final decision

15. We upheld Miss X’s complaint because the Council upheld the complaint and offered a suitable remedy.

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Investigator's decision on behalf of the Ombudsman