The Ombudsman's final decision
Summary: We have upheld Mrs X’s complaint because the Council has delayed issuing an Education Health and Care Plan for her child. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mrs X.
The complaint
Mrs X complains that the Council has failed to issue a final Education Health and Care (EHC) Plan for her child, following an annual review in March 2025.
The Ombudsman’s role and powers
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) Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
If we were to investigate this complaint, it is likely that we would find fault. This is because the Council has delayed issuing a final EHC Plan for Mrs X’s child, which should have been issued 12 weeks after the review.
I therefore asked the Council to issue a final EHC Plan within one month, to apologise for the delay and pay Mrs X £150 to remedy the distress this has caused. To its credit, the Council agreed.
Final decision
We have upheld Mrs X’s complaint. The Council has agreed to resolve the complaint early by providing a proportionate remedy.
Investigator's decision on behalf of the Ombudsman