Summary: We will not investigate this complaint about the Council’s failure to properly deal with a complaint about an Education, Health, and Care Plan. This is because the Council has agreed to conclude its complaint handling in line with our recommendations and an investigation at this stage would not be proportionate.

The complaint

1. X said the Council was at fault in the way it handled their child’s (Y) Education, Health, and Care (EHC) Plan. X also said they had concerns about Y’s education provision.
2. X said the Council had failed to consider their complaint about these matters in line with its complaint handling procedures, and this caused distress.  

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The Ombudsman’s role and powers

3. 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) 
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.
7. I have only considered how the Council handled X’s complaint. I have not considered the main issues X has complained about to the Council.   

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My assessment

8. In February 2026, X made a complaint to the Council about education matters affecting Y. Following a stage one response, in mid-April 2026, X asked the Council to escalate their complaint to stage two of its corporate complaint procedures.
9. The Council’s corporate complaints procedure states the Council should provide a stage two response, within 20 working days. X complained to us, in July 2026, about the Council’s delays in providing a response.
10. We wrote to the Council saying if we were to investigate it is likely we would find fault causing X an injustice, because of delays in the Council handling their complaint about the main issues X complained about .

Agreed action

11. We agreed with the Council it would finalise its stage two complaint reply to X’s complaint, by 24 August 2026. And at that point it would notify X of their right to escalate their complaint to the Ombudsman if they were still unhappy with the Council’s response.
12. The Council has agreed to resolve this part of X’s complaint, and it is then open to X to complain to us if they remain unhappy with the Council’s final response to the main issues they are complaining about.

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Final decision

13. We will not investigate X’s complaint because we have upheld a complaint about complaint handling fault and the Council has agreed to provide a response by a set date.  

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Investigator's decision on behalf of the Ombudsman