Summary: We have upheld this complaint about the Council’s failure to complete an Education Health and Care Needs Assessment and issue an Education Health and Care plan for the complainant’s child within the statutory timescale. The Council has agreed to provide a proportionate remedy and this removes the need for us to investigate.

The complaint

1. The complainant, Mr X, complains that the Council failed to complete his child’s Education Health and Care Needs Assessment (EHCNA) and issue an Education Health and Care (EHC) plan within the timescale set out in the Special Educational Needs Code of Practice.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended).

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How I considered this complaint

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

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My assessment

5. Mr X says the 20-week timescale between his request for an EHCNA and the issuing of an EHC plan expired in May 2025. The EHC plan was not in fact issued until March 2026, a delay of some ten months.
6. The Council has attributed the delay in part to the lack of education psychology resource. The Ombudsman regards delay in assessing education health and care needs due to the lack of specialist advice as amounting to service failure. We are satisfied that the Council has a plan in place to address the lack of specialist advice.
7. If we were to investigate this complaint it is likely we would find fault causing Mr X injustice because of the distress and uncertainty caused by the delay.

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Agreed action

8. We asked the Council to, within one month of the date of this decision, offer to make a symbolic payment of £1000 to Mr X in recognition of the ten-month delay in issuing the EHC plan.
9. To its credit the Council has agreed to take the action we asked for. This removes the need for us to investigate

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Final decision

10. We have upheld Mr X’s complaint. 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