Summary: Mrs X complained the Council delayed in sending her a copy of the final Education Health and Care Plan (EHC Plan) for her son following the Tribunal’s decision, and wrongly removed agreed provision from Section G of the final EHC Plan.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

To remedy the injustice caused, we recommend that the Council:

• apologises to Mrs X and Y for the failure to clarify the Tribunal’s instructions in May 2019;
• pays Y £150 to recognise the distress and anxiety caused by the unnecessary delay in agreeing provision;
• pays Mrs X £150 to recognise the distress, and the time and trouble she has been put to in pursuing this matter; and
• provides reminders/training to ensure that staff seek to clarify any discrepancies in Tribunal decisions at the time the Tribunal decision is issued.

We are proceeding by way of report as the Council refused to accept our findings when a draft decision was issued setting out our initial view.

Ombudsman satisfied with the council's response: 29 June 2021

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