Hertfordshire police have ended an investigation into claims of ‘maladministration in public office’ that had been levelled at the county council.

The investigation had focused on the way Hertfordshire County Council dealt with requests for assessments for Education Health and Care Plans (EHCPs).

And it had followed a parent’s allegation that the number of requests for assessment that were not accepted by the council was ‘not by accident’ – but was a deliberate attempt to effectively manage demand.

Now Hertfordshire Constabulary has confirmed that their investigation has been completed – finding that no statutory offence has been committed.

placeholder image — Hertfordshire County Council

Confirming the findings of the investigation a spokesperson for Hertfordshire Constabulary said: “The force conducted an investigation into a report of alleged misconduct in public office in relation to exercising lawful duties for Special Educational Needs and Disability (SEND) duties.

“Following extensive enquiries, it has been found that no statutory offences have been committed and it has not been progressed to the Crown Prosecution Service (CPS).”

The findings of the police investigation have been welcomed by officials at the county council.

“We are pleased that Hertfordshire Police have concluded that there is no evidence of deliberate maladministration in a public office by council staff when dealing with EHCPs,” said a spokesperson for the county council.

“We consider this matter now resolved and our focus now is on continuing to improve the services we deliver to children across the county with special educational needs and disabilities.”

EHCPs are statutory documents that outline a child’s special educational needs, the support that they should be offered and even the school they should attend.

They are considered in a two-stage process that determines firstly whether a child or young person should be assessed – then whether they require an EHCP.

And where an EHCP is issued the process should last no more than 20 weeks.

In recent years the county council has seen an increase in the number of children and young people both seeking EHCPs and being issued with EHCPs.

And in welcoming the outcome of the police investigation, council officials have also pointed to the “considerable pressure” the SEND system is under, in Hertfordshire and elsewhere.

“It is well recognised nationally and locally that the SEND system is under considerable pressure due to unprecedented increasing need and complexity,” said a spokesperson for the county council.

“As of January 2025, there are over 9,000 pupils in Hertfordshire schools who are supported with Education, Health and Care Plans, compared to around 6,500 in January 2022: an increase of 43 per cent.

“Over the same period, the overall number of children and young people aged 0-25 supported with Education, Health and Care Plans has increased by around 3,500 children and young people from around 9,500 children and young people in January 2022 to around 13,000 in January 2025.

“This is also reflected in significant increases in the numbers of requests for EHC Needs Assessments: Hertfordshire received around 3,350 requests for assessment in 2024 compared to 2,100 requests for assessment in 2021: an increase of 54 per cent.”

Where an EHCP is issued the process should last no more than 20 weeks. In 2024 county council officials say that 54 per cent of assessments were completed within 20 weeks.

That is higher than in 2023, when the rate was 40 per cent – and higher than in 2022 when the proportion meeting the 20-week time-scale was just 33 per cent.