The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about delays in producing an Education Health and Care Plan as the Council has agreed to a proportionate way to resolve the complaint.
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 has failed to assess her child’s EHC Plan needs and produce a plan within the Regulations’ timescales. She says she applied in June 2023. The Regulations state the process should take no more than 20 weeks. In the Council’s reply to Miss X’s complaint of February 2024, it confirmed the delay has been caused by an inability to appoint an educational psychologist.
If we were to investigate it is likely we would find fault causing the complainant injustice because the delay in completing the EHC Plan within the Regulation timescales is service failure.
Agreed action
The Council has previously set out to us its action plan to deal with the problems it has with appointing educational psychologists.
The Council has agreed to a symbolic payment of: £100 per month for the past and future injustice caused by the delay (uncertainty and frustration) outside the statutory timescale to the point of the Council taking the next action.
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