Summary: We have upheld this complaint about the Council’s failure to complete an Education Health and Care Needs Assessment for Mr X’s child within the statutory timescale. The Council has agreed to provide a suitable remedy, and this removes the need for us to investigate. We will not investigate the complaint about alternative provision because there is insufficient evidence of fault.

The complaint

1. Mr X complains about delay in the Education Health and Care (EHC) Plan process.  He says the Council has failed to meet the relevant timescales in the SEN Code of Practice. He also says the Council failed to provide suitable alternative provision to meet his child’s needs.

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The Ombudsman’s role and powers

2. 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 there is not enough evidence of fault to justify investigating, or any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.
7. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted)My assessment

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My assessment

8. Mr X applied for an EHC Plan for his child on 6 February 2024. The Council agreed to assess on 12 July 2024. The Council should have completed the assessment process and issued the final EHC Plan within 14 weeks of agreeing to assess, by 18 October 2024. The Council completed the process on 29 September 2025 and has attributed the delay in part to the lack of educational psychology resource.
9. We are satisfied that the Council has a plan in place to address the lack of specialist advice. In response to our findings in a previous case, it sent us an action plan of its service improvements.
10. We do however accept the Council’s delays caused Mr X and his child frustration and uncertainty and that this injustice remains unremedied. We have therefore invited the Council to provide a remedy to Mr X and the Council, to its credit, has agreed to our proposal.
11. Mr X also says the Council failed to provide suitable alternative education for his child. The Council said it did not receive a request from the school or medical evidence to show Y was unable to attend school due to illness. I have not found fault in the Council’s decision not to provide alternative education for Mr X’s child.

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Agreed action

12. The Council has agreed to the following actions to remedy the complaint:
• Apologise to Mr X for the delay in the EHC Plan process;
• Pay Mr X £100 for each month of delay- a total of £1,100.
13. The Council should make this payment within six weeks of today’s date, by 17 June 2026.
14. I consider the remedy agreed by the Council is suitable and that it is taking steps to address the issue at the heart of this complaint. It is therefore unlikely investigation would achieve anything more for Mr X.

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Final decision

15. We have upheld this complaint. The Council has agreed to resolve the complaint by providing a suitable remedy to the injustice caused to Mr X. We will not investigate the complaint about alternative provision because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman