Summary: We will not investigate this complaint about delay in the annual review of an Education, Health and Care Plan. This is because the injustice from the delay is not significant enough to warrant an investigation.

The complaint

1. The complainant, Mrs X, complained the Council took too long to complete the annual review of her child’s Education, Health and Care Plan (EHC Plan). Mrs X says the delay caused stress and uncertainty.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. A Council has four weeks from an annual review meeting to issue a notice saying whether it intends to amend an EHC Plan. The Council then has eight weeks to issue the final amended EHC Plan. The process should therefore take a maximum of 12 weeks.
6. Mrs X’s child has an EHC Plan. The Council reviewed this on 11 March 2024. It issued an Amendment Notice on 17 June and a final EHC Plan on 25 July.
7. In this case, the Council took 14 weeks to issue the Amendment Notice; a delay of 10 weeks. It issued the final EHC Plan after 19 weeks; seven weeks too late.
8. While I recognise Mrs X’s frustrations, we will not investigate her complaint. The personal injustice caused by the delay is not significant enough to warrant an investigation by the Ombudsman.

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Final decision

9. We will not investigate Mrs X’s complaint because the injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman