The Ombudsman's final decision
Summary: We will not investigate Mrs 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
Mrs 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) Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complains the Council has avoidably delayed in issuing an Education Health and Care Plan (EHC Plan) for her child D. She says she requested an assessment and EHC Plan in early July 2024 and it has still not been issued. D is on a school roll.
If we were to investigate it is likely we would find fault causing Mrs X injustice. This is because the 20 week timescale the Regulations state, ended late November 2025 and the £500 offered by the Council in reply to her complaint is not enough for the injustice caused by that delay or the continuing delays.
Agreed action
The Council has previously set out to us its action plan to deal with the problems it has with appointing educational psychologists and EHC Plan delays.
The Council has agreed to a symbolic payment of: £100 per month for the injustice (uncertainty and frustration) caused by the delay outside the statutory timescale from 25 April 2025 to the point of the Council taking the next appealable decision, in addition to the £500 already offered.
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 Mrs X.
Investigator's decision on behalf of the Ombudsman