Summary: We found delays by the Council in the Education, Health, and Care needs assessment process, this was a service failure causing Ms X frustration and uncertainty. The Council will make a symbolic payment to remedy the injustice its delays caused Ms X.

The complaint

1. Ms X complains about delay in the Education and Health Care (EHC) needs assessment process for her child (Y). Ms X says the Council has exceeded statutory timescales.
2. Ms X says Y is out of school and she has another child with special educational needs, creating pressures on the whole family. Ms X wants the Council to complete the EHC process.

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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 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)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)
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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What I have and have not investigated

6. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
7. I have investigated Ms X ’s complaint about the Council’s handling of the Education, Health, and Care needs assessment process for X, and its education duty.
8. I have not investigated Ms X’s concerns that Y is not attending school.
9. Ms X said it is not safe for Y to attend a mainstream school. Ms X explained she would most likely have declined any offer of alternative provision while the Council completed the EHC needs process, because without a final EHC Plan, specialist provision would not be available for Y.
10. I will not investigate this part of Ms X’s complaint as there is not significant enough injustice to warrant an investigation. Even if the Council had offered alternative provision for Y, Ms X would have refused, and Y would still be out of school. Ms X explained she is supporting Y at home with life skills and the Council is aware of this.

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How I considered this complaint

11. I spoke to Ms X and discussed the complaint with her. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
12. Ms X and the Council had an opportunity to comment on my draft decision.

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What I found

Education, Health and Care (EHC) Plan

13. A child or young person with special educational needs may have an Education, Health and Care (EHC) Plan. This document sets out the child’s needs and what arrangements should be made to meet them. The EHC Plan is set out in sections. We cannot direct changes to the sections about their needs, education, or the name of the educational placement. Only the tribunal or council can do this.
14. Statutory guidance 'Special educational needs and disability code of practice: 0 to 25 years' ('the Code') sets out the process for carrying out EHC assessments and producing EHC Plans. The guidance is based on the Children and Families Act 2014 and the SEN Regulations 2014. It says the following:
• Where the council receives a request for an EHC needs assessment it must decide whether to agree to the assessment and send its decision to the parent of the child or the young person within six weeks.
• The process of assessing needs and developing EHC Plans "must be carried out in a timely manner". Steps must be completed as soon as practicable.
• If the council goes on to carry out an assessment, it must decide whether to issue an EHC Plan or refuse to issue a Plan within 16 weeks.
• If the council goes on to issue an EHC Plan, the whole process from the point when an assessment is requested until the final EHC Plan is issued must take no more than 20 weeks (unless certain specific circumstances apply);
• Councils must give the child's parent or the young person 15 days to comment on a draft EHC Plan and express a preference for an educational placement.
15. As part of the assessment, councils must gather advice from relevant professionals (SEND Regulation 6(1)). This includes:
• the child's educational placement;
• medical advice and information from health care professionals involved with the child;
• psychological advice and information from an Educational Psychologist (EP);
• social care advice and information;
• advice and information from any person requested by the parent or young person, where the council considers it reasonable; and
• any other advice and information the council considers appropriate for a satisfactory assessment.
16. Those consulted have a maximum of six weeks to provide the advice.

What happened

17. Ms X asked the Council to carry out an EHC needs assessment for her child, Y, in March 2025. Y was four years old at the time and was due to start school in September.
18. The Council initially declined Ms X’s request on 27 March but then agreed to assess on 12 May 2025. The Council asked professionals to provide information within six weeks.
19. Ms X complained to the Council in November 2025 about the delay in completing the EHC needs assessment. Ms X explained that Y was out of school and based on his needs required an EHC Plan to attend school.
20. The Council responded to the complaint and explained the recruitment and retention of EPs was a major problem. It said the number of requests for EHC needs assessments had risen sharply and this had placed additional significant strain upon its service. The Council upheld the complaint, apologised to Ms X and acknowledged it had exceeded statutory timescales for completing the assessment.

Analysis

21. Ms X requested an assessment for Y in March 2025, and the Council agreed to carry out the assessment in May 2025. It then had 14 weeks to complete the process, which was early September 2025. This is a delay of nine months so far.
22. The Council has yet to decide if it will issue an EHC Plan.
23. The Council has accepted fault for its delayed EHC needs assessment process for Y. The delays were caused by the Council’s challenges to recruit and retain enough educational psychologists and the demand on its service. I found it has therefore caused a service failure.
24. Having identified fault, I must consider whether this has caused Ms X and Y an injustice. The delay in completing the EHC needs assessment process has caused Ms X frustration and uncertainty. It is also delaying her right of appeal to the SEND tribunal. I found the Council should make a symbolic payment to recognise the frustration and uncertainty Ms X has experienced.
25. If the Council does not issue a final Plan within six months, Ms X can raise a new complaint to the council and, if necessary, to us once she has completed the complaints procedure.
26. We can also make recommendations to ensure similar faults do not happen in the future. We have investigated other similar complaints recently related to the EHC needs assessment process and made recommendations. We are satisfied the Council has a plan in place to deal with the shortage over the longer term. I will not, therefore, make further recommendations relating to this matter.

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Action

27. Within one month of my final decision the Council will take the following action:
1. pay Ms X £100 per month of delay in the statutory Education, Health, and Care needs assessment process. This is:
• from September 2025 until it has reached its decision whether to issue an Education, Health, and Care Plan for Y; or
• from September 2025 until it has issued Y a final Education, Health, and Care Plan, if it goes on to decide this is needed.

28. The Council should provide us with evidence it has complied with the above actions.

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Decision

29. I find fault by the Council which caused and is continuing to cause Ms X an injustice. I have completed my investigation on this basis.

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Investigator's decision on behalf of the Ombudsman