Summary: We will not investigate Ms X’s complaint about delays in the annual review of her child’s Education Health and Care Plan. The Council has upheld the complaint and agreed to remedy the injustice caused by apologising and offering a symbolic financial remedy. Further investigation by us would therefore not be proportionate.

The complaint

1. Ms X complained about delays in the Council carrying out an annual review of her adult child’s (Y) Education Health and Care (EHC) Plan.
2. Ms X said this caused distress and led to Y’s SEN provision not being suitable.

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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 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)
4. 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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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Y has an EHC Plan which the Council issued originally in December 2023.
8. The council must arrange for an EHC Plan to be reviewed at least once a year to make sure it is up to date. The council must complete the review within 12 months of the first EHC Plan and within 12 months of any later reviews.
9. Where the Council’s decision is to amend the EHC Plan, it must notify the parent of the decision to amend and its proposed changes within four weeks of the annual review meeting. It must then issue any final amended EHC Plan within eight weeks of this amendment notice. Therefore, a final EHC Plan should be issued within 12 weeks of the review meeting.
10. Y’s annual review meeting was held in May 2025. This was delayed by around five months.
11. The Council told Ms X it would amend the EHC Plan in August 2025 and issued the final EHC Plan in November 2025. This was a delay of around 12 weeks.
12. In its complaint response, the Council upheld the complaint and apologised for any uncertainty caused. The Council told us it offered Ms X a symbolic financial remedy of £500. This is in line with the Ombudsman’s Guidance on Remedies.
13. The content of the final EHC Plan issued in November 2025 was largely the same as the original December 2023 EHC Plan. Therefore, there is no evidence of Y losing any special educational provision because of the Council’s delay.
14. The Council has upheld the complaint and offered a proportionate remedy for the injustice caused by its delay. It would not be proportionate for us to investigate because we would not achieve significantly more than the remedy already offered by the Council.

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Final decision

15. We will not investigate Ms X’s complaint because the Council upheld the complaint and has offered a proportionate remedy for the injustice caused. Further investigation by us would not be proportionate.

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Investigator's decision on behalf of the Ombudsman