The Ombudsman's final decision
Summary: We have upheld Mrs X’s complaint about delays in the Education Health and Care Plan process. The Council have agreed to resolve the complaint by offering a suitable remedy.
The complaint
Mrs X complains the Council delayed in carrying out an Educational Health and Care (EHC) needs assessment and completing an EHC Plan for her child, Y.
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
Mrs X requested an EHC needs assessment for Y in February 2024. Y’s EHC Plan should have been issued by July 2024. The Council did not issue Y’s final EHC Plan until September 2025. This was a significant delay of 14 months.
The Council have explained that due to a shortage of educational psychologists there was a delay in assessing Y. They have accepted this was fault and apologised to Mrs X offering a small symbolic payment.
We asked the Council to increase the symbolic remedy to £1,400. This represents £100 per month the EHC Plan was delayed. The Council has agreed and will complete these actions within four weeks.
Final decision
We have upheld Mrs X’s complaint. The Council have agreed to a suitable remedy.
Investigator's decision on behalf of the Ombudsman