Summary: We will not investigate this complaint about delays in the Education, Health and Care process. This is because the Council has agreed to an appropriate remedy, and we cannot investigate matters which have not completed the Council’s complaints process.

The complaint

1. Mrs X complains the Council failed to complete the Education, Health and Care (EHC) needs assessment process for her son, Y, in accordance with the statutory deadlines.
2. Mrs X also complains about the content of the final EHC plan and the decision-making which led to it.

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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. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
5. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
6. 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)
7. 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

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

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My assessment

10. Mrs X complained to the Council about delay in the EHC Plan process, and the Council issued its final response in September 2025. Mrs X sent another complaint to the Council, in October 2025, about the content of the EHC plan and the Council’s decision making. Mrs X has also brought this to the Ombudsman. However, the second complaint has not reached the final stage of the Council’s complaints process. So, the restriction in paragraph four applies and I have only assessed the EHC plan delay.
11. There are timescales for each stage of the EHC needs assessment process. Councils must consider requests for assessments and decide if they will carry out an assessment within six weeks. They then have a further 10 weeks to decide if they will issue an EHC Plan and if they decide to issue a Plan, they have a further four weeks to finalise it. The whole process must not exceed 20 weeks.
12. The Council issued an EHC Plan 8 months outside the 20-week deadline. The Council has accepted delay in issuing a final EHC Plan. The failure to issue a plan amounts to service failure.
13. We are satisfied the Council is taking action to deal with the issues causing EHC delays. In response to our findings in a previous case, it sent us an action plan of its service improvements.
14. We do however accept the Council’s delays caused Ms X and Y frustration and uncertainty and that this injustice remains unremedied. We have therefore invited the Council to provide a remedy to Ms X and Y and the Council, to its credit, has agreed to our proposal.

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Agreed actions

15. The Council has agreed to the following actions to remedy Mrs X’s complaint:
16. Pay Mrs X £100 for each month of delay
17. The Council will make this payment within four weeks of my decision.
18. 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

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

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Investigator's decision on behalf of the Ombudsman