Summary: We will not investigate Mrs X’s complaint about the Council’s handling of her child’s Education, Health and Care Plan. This is because the Council has agreed to an appropriate remedy for the injustice caused by the delay. It is unlikely that we could add anything else to the Council’s response about communication issues.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained about the Council’s handling of her child’s (Y) Education, Health and Care Plan (EHC Plan). Mrs X says there was delay following an annual review which frustrated her right of appeal. Mrs X says could officers were unhelpful and wants her appeal fast-tracked.

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The Ombudsman’s role and powers

2. 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)
3. 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:

• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
6. 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

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

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My assessment

9. The Council reviewed Y’s EHC Plan on 23 April 2025. It should have completed the process by 16 July 2025. The Council issued a revised EHC Plan on 25 September – just over two months late.
10. In response to Mrs X the Council accepted delay in completing the annual review of her child’s EHC Plan. The Council also upheld Mrs X’s complaint about officers being unhelpful and has explained that she can ask the Tribunal for an early hearing date.
11. The delay in issuing a revised EHC Plan will have caused frustration and distress. It also delayed Mrs X’s right of appeal to the Tribunal – although we do not know what the outcome of that will be. To remedy the injustice caused from the delay and to resolve the complaint early we asked the Council to pay Miss X £200. To tis credit, the Council agreed to our invitation, and it should make the payment within four weeks of this decision.
12. We will not investigate Miss X’s complaint about poor communication as we could not add anything to the Council’s upheld complaint responses. We also have no powers to control when the Tribunal hears her appeal and that is not the responsibility of the Council. We cannot therefore consider this point or achieve the outcome Mrs X wants.

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Final decision

13. We will not investigate Mrs X’s complaint This is because:
• the Council has agreed an appropriate remedy;
• it is unlikely we could add anything to the Council’s response; and
• we cannot achieve the outcome Mrs X wants.

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Investigator's decision on behalf of the Ombudsman