The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about delays in producing an Education Health and Care Plan.
The complaint
Miss X complains the Council avoidably delayed in assessing and producing an Education Health and Care Plan (EHC Plan).
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 a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says the Council agreed to assess Y for an EHC Plan in May 2023. It provided the final EHC Plan in January 2024. The Regulations state the process should take no more than 20 weeks. In this case it took 34 weeks.
The Council says the volume of cases caused the delay.
If we were to investigate it is likely we would find fault causing the complainant injustice because the Council failed to complete the EHC Plan within the regulation timescales.
Agreed action
The Council has agreed to: Pay Miss X £400 for the uncertainty and reduced provision caused by this delay.
This is a suitable remedy for the frustration and uncertainty caused by the delay.
Final decision
We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.
Investigator's decision on behalf of the Ombudsman