Summary: We will not investigate Mrs X’s complaint about delays following an Education Health and Care Plan annual review. We have upheld Mrs X’s complaint as the Council has now agreed a proportionate way to resolve the complaint.

The complaint

1. Mrs X complains about delay in the Education, Health and Care (EHC) plan annual review process. She says the Council has failed to follow the annual review regulations.

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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 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 a council has taken or proposes to take.

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.
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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My assessment

6. Mrs X says an EHC Plan annual review was held on 19 May 2025. Following the annual review, the Council issued a final amended EHC Plan in July 2025. Mrs X complained about the delay in August 2025. The Council accepts there was a delay in replying to her complaint.
7. The EHC Plan regulations set out the timescale within which the Council is required to issue a decision notice and any amended EHC Plan. In this case this should have happened by 11 August 2025.
8. The delay has caused Mrs X and her family uncertainty and time and trouble in chasing the Council.

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Agreed action

9. The Council has agreed to:
• Pay Mrs X £400 for the uncertainty, and time and trouble the Council’s delay caused her.
• The Council should make the payment within four weeks of my final decision.

10. I consider the remedy agreed by the Council is in line with our guidance on remedies 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 Mrs X.

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Final decision

11. We have upheld this complaint because we asked the Council to remedy the injustice caused by the delay and it has agreed a proportionate remedy for Mrs X.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman