The Ombudsman's final decision
Summary: We upheld Mr X’s complaint about delays in the Education, Health and Care process regarding his child, Y. The Council agreed to resolve the complaint early by apologising to Mr X and paying him a symbolic payment to acknowledge the injustice caused.
The complaint
Mr X complained about delays in the Education, Health and Care (EHC) process regarding his child, Y.
Mr X said the matter caused him frustration and uncertainty.
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 an organisation 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
If we investigated this complaint, we would likely find fault because: Mr X asked the Council to complete an EHC needs assessment of Y on 09 September 2024. The Council agreed to assess Y. It later wrote to Mr X and told him it would make an EHC Plan for Y.
In its complaint response to Mr X, the Council accepted it had delayed completing Y’s EHC needs assessment. It said the delay was caused by a shortage of Educational Psychologists (EPs).
Because the Council decided to make an EHC Plan for Y, it should have done so within 20 weeks of Mr X’s request for assessment - by 27 January 2025.
The Ombudsman’s approach is that, although we acknowledge the national shortage of EPs, a failure to complete the EHC needs assessment process within the statutory timescales is fault. Where we are satisfied the Council has plans in place to address the lack of EPs, we would likely find fault due to “service failure”. Service failure can happen when an organisation fails to provide a service as it should have done due to circumstances beyond its control.
During a recent investigation by us about similar matters, the Council provided evidence of action it has taken to address the shortage of EPs and improve other areas of delay in its SEND service. As a result, further investigation is unlikely to result in additional recommendations because the Council is already acting to resolve the issues.
We therefore asked the Council to consider remedying the injustice caused to Mr X by the delays.
Agreed action
The Council agreed to: write to Mr X and apologise for the frustration and uncertainty caused by the delays in the EHC process; and pay Mr X £100 per month of delay, calculated from 27 January 2025 until the final EHC Plan is sent, to acknowledge the frustration and uncertainty caused by the delay.
The Council agreed to complete the above actions within one month of the final EHC Plan being sent to Mr X.
Final decision
We upheld this complaint. The Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X. It is also acting to improve its service for others.
Investigator's decision on behalf of the Ombudsman