Summary: We have upheld this complaint about the Council’s failure to complete an Education, Health and Care Needs Assessment for Mrs 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.

The complaint

1. Mrs X complains about delay in the Education, Health and Care (EHC) Plan process. She says the Council has failed to meet the relevant timescales in the SEN 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 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)

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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 applied for an EHC Plan for her child on 8 May 2024. The Council should have completed the assessment process and issued the final EHC Plan by 25 September 2024. The Council completed the process on 19 March 2026 and has attributed the delay in part to the lack of educational psychology resource.
7. 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.
8. We do however accept the Council’s delays caused Mrs X and her child frustration and uncertainty and that this injustice remains unremedied. We have therefore invited the Council to provide a remedy to Mrs X and the Council, to its credit, has agreed to our proposal.

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Agreed action

9. The Council has agreed to the following actions to remedy the complaint:
• Apologise to Mrs X for the delay in the EHC Plan process.
• Pay Mrs X £100 for each month of delay - a total of £1750.
10. The Council should make this payment within four weeks of today’s date, by 14 July 2026.
11. 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 Mrs X.

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Final decision

12. We have upheld this complaint. The Council has agreed to resolve the complaint by providing a suitable remedy to the injustice caused to Mrs X.

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Investigator's decision on behalf of the Ombudsman