Summary: We upheld most of Miss X’s complaints about delays in the Education, Health and Care process regard her child, Y; her complaint about lack of alternative provision; and her complaint about poor communication because the Council upheld the complaints. The Council apologised, offered a total symbolic payment of £2,300, and explained service improvements it had made. This is in line with the Ombudsman’s Guidance on Remedies. We did not investigate part of the complaint because it was late.

The complaint

1. Miss X complained the Council failed to:
1. complete her child, Y’s, Education, Health and Care (EHC) Plan in line with statutory timescales;
2. provide alternative education to Y when they were unable to attend school from September 2025; and
3. communicate with her effectively.
2. Miss X said the matter caused her distress, frustration and uncertainty.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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)
6. 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

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

Matters older than 12 months

9. Miss X originally requested the Council conduct an EHC needs assessment for Y in May 2024. The latest Miss X is likely to have been aware of the issues was at the 20-week mark when a final EHC Plan would be due. This was in October 2024.
10. Miss X did not complain to the Ombudsman until January 2026. Part of the complaint is older than 12 months and is therefore late. I have seen no good reasons Miss X could not have complained about these issues sooner.
11. Consequently, I have decided not to exercise discretion, and I will not consider fault and injustice caused before January 2025, which is 12 months before Miss X’s complaint to the Ombudsman.

Delay in EHC Process

12. We uphold this complaint because the Council upheld the complaint.
13. In its complaint response the Council explained part of the delay was due to a shortage of Educational Psychologists (EPs). There is a nationwide shortage EPs. In response to a previous investigation by the Ombudsman the Council provided evidence of action it is taking to address its lack of EPs.
14. The Council agreed to make an EHC Plan for Y. It should have made the final EHC Plan within 20 weeks of the request for an EHC needs assessment, by October 2024. It did not make the final EHC Plan until December 2025.
15. The Council upheld this complaint and explained about service improvements it made to prevent recurrence of the fault. It provided Miss X with a sincere apology and a £500 symbolic remedy to acknowledge the frustration and uncertainty caused in line with the Ombudsman’s Guidance on Remedies.
16. Although we uphold this complaint, we will not investigate it because the Council already upheld the complaint, offered a suitable remedy, and has made service improvements to prevent recurrence of the faults.

Alternative education

17. We uphold this complaint because the Council upheld the complaint.
18. The Council explained its Child Missing Education (CME) team was involved with Y, but explained it should have explored whether an alternative provision package should have been provided from September 2025 to December 2025 when Miss X removed Y from school.
19. To acknowledge Y’s lost education the Council apologised and offered Miss X a payment of £1,800. This is in line with the Ombudsman’s Guidance on Remedies.
20. Therefore, although we uphold this complaint, we will not investigate it because the Council already upheld the complaint and offered a suitable remedy.

Poor communication

21. We uphold this complaint because the Council upheld the complaint. The Council apologised and explained service improvements it had made.
22. Consequently, although we uphold this complaint, we will not investigate it because the Council already upheld the complaint and offered a suitable remedy.

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Final decision

23. We upheld most of Miss X’s complaint because the Council upheld the complaints and offered suitable remedy. We will not investigate part of the complaint because it is late.

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Investigator's decision on behalf of the Ombudsman