Summary: We will not investigate this complaint about the Council’s delay processing the transfer of an Education and Health Care Plan. This is because any injustice is not significant enough to justify our involvement.

The complaint

1. Ms X complains the Council delayed actioning her child’s (Y) Education and Health Care Plan (EHCP) after it was transferred from another Council. She says this delay contributed to Y missing the first three weeks at the start of the school year. Ms X says this disrupted Y’s routine, increased anxiety and delayed Y’s adjustment to a new setting. Ms X says this unexpected issue disrupted her work schedule, causing both emotional and practical strain. Ms X wants the Council to issue and apology and assurance that process improvement would be made to avoid similar issues in future. Ms X would also like the Council to provide compensation for the time Y missed in education and the stress caused to the family.

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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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. The Council received Y’s EHCP in late June 2025. By the time it reviewed and agreed to adopt it, it was mid-July. It says this was too close to the end of the school year and schools would be closing for the summer break. Therefore, it could not complete the necessary consultations until schools re-opened in September.
6. The Council completed the consultations in early September resulting in Y securing a school place three weeks after the start of the school year. Although there was a delay in Y starting a new school, there is no evidence this has been damaging to their wellbeing or progress. I do not consider three weeks missed education would amount to any injustice significant enough to justify our involvement.

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Final decision

7. We will not investigate Ms X’s complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman