Overview:

Key to names used

• Mrs X: The complainant
• Y:  Her son

Summary

Mrs X complained North Yorkshire County Council (the Council) took too long to issue her son Y’s Education, Health and Care plan (EHC plan). She also complained communication with officers in the Special Educational Needs (SEN) Team was poor and the Educational Psychologist (EP) did not see Y before completing her report.

Finding

Fault causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

To remedy the injustice caused, the Council should:

• apologise to Mrs X for the fault identified in this report and the avoidable distress and time and trouble complaining;

• pay Mrs X £250 to reflect her injustice (delay in receiving rights of appeal, avoidable distress and time and trouble chasing up officers);

• pay Y £450 to reflect a loss of special educational provision caused by the Council’s delay; and

• review other cases similarly affected by delay who also complained to the Council but who may not have received an appropriate remedy for a loss of specialist education.

The Council has accepted our recommendations.

Ombudsman satisfied with Council's response: 16 January 2023

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