Summary: We upheld this complaint about delays in the Council issuing an Education Health and Care Plan. The Council agreed to resolve the complaint early by apologising to Miss X and paying her a £1200 symbolic payment.

The complaint

1. Miss X complained about delays in the Council completing her child’s (Y) Education Health and Care (EHC) Needs Assessment and issuing Y’s final EHC Plan.
2. Miss X said the matters caused distress and upset.

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

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My assessment

8. Miss X asked the Council to complete an EHC Needs Assessment for Y in February 2024. The Council initially refused to complete an assessment.
9. Miss X appealed to the Tribunal about the Council’s refusal to complete the assessment. In October 2024, the Tribunal ordered the Council to complete an EHC Needs Assessment for Y.
10. Where an EHC Needs Assessment is ordered by the Tribunal, the Council has a maximum of 14 weeks to complete it, including issuing any final EHC Plan.
11. If we investigated this complaint, it is likely we would find fault because the Council issued Y’s final EHC Plan in January 2026 and the process took 66 weeks. In its complaint response, the Council upheld the complaint.
12. We therefore asked the Council to consider remedying the injustice caused to Miss X by the delays.

Agreed action

13. Within one month of this final decision the Council agreed to:
1. write to Miss X and apologise for the frustration and uncertainty caused by the delay in the EHC process; and
2. pay Miss X £1200 to acknowledge the frustration and uncertainty caused by the delay in the EHC process.

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Final decision

14. We upheld Miss X’s complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman