Ombudsman finds Swindon Council at fault for 10-month delay in EHC Plan
Child left without critical support; Council to apologize and compensate
Swindon Borough Council has been found at fault for significant delays in issuing an Education, Health and Care (EHC) Plan, leaving a child without needed support, according to the Local Government and Social Care Ombudsman.
The ruling followed a complaint from Ms X, who alleged the council failed to act promptly on an EHC Plan decision using an Independent Educational Psychology report.
Originally, the council agreed to conduct an EHC needs assessment by May 2025, with a final plan due by August 2025.
However, the draft plan did not materialize until February 2026, with the final plan completed in late June 2026, 13 months later.
Ms X had raised the issue in September 2025, after the statutory deadline had passed.
The council acknowledged the complaint, attributing delays to a shortage of educational psychologists and increased demand for EHC plans.
Despite relying on Ms X's independent report, the council maintained a duty to commission its own assessment, contributing to the delay in finalizing the EHC Plan.
The Ombudsman stated the council overstated its legal obligations, noting that councils can utilize existing independent reports provided they meet the necessary criteria.
Recognizing the impact of uncertainty, the Ombudsman recommended a financial remedy of £100 per month of delay, totaling £1,000.
Swindon Borough Council agreed to compensate Ms X, review its processes for considering existing evidence, and update the Ombudsman with its compliance actions.
In alignment with government-issued improvement notices, the council has implemented strategies for improving EHC Plan timeliness, rendering further recommendations unnecessary.