Overview:

Key to names used

• Mrs X The complainant
• Y Her son

Summary

Mrs X complained the Council failed to deliver provisions set out in her son, Y’s, Education, Health and Care plans between September 2020 and March 2022. She also complained about how it handled her complaint.

Finding

Fault found 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)

Within three months of the date of this report, the Council will also:

• write to Mrs X to apologise for the faults identified and the injustice this has caused to her and Y;

• pay Mrs X £5,400 to be used for Y’s educational benefit. This is to remedy the injustice caused to Y by lost hours of education and therapy provision between September 2020 and March 2022;

• pay Mrs X £1,000 to recognise the frustration and distress caused over a prolonged period (September 2020 to May 2022) as a result of the faults. This also recognises Mrs X’s frustration is compounded by poor complaint handling and because this is the second time she has had to complain to us about very similar matters;

• pay Y £1,000 to recognise the distress caused by the lost provisions and the enduring nature of the Council’s failure to provide suitable education and special educational provisions for him between September 2020 and March 2022. This figure recognises the enduring injustice resulting from the Council’s failures since 2018, as set out in this report and the previous decision we issued;

• review its procedures for how it arranges and monitors delivery of provisions in the Education, Health and Care plans of its children and young people that it is under a non-delegable duty to make sure are provided. This should ensure that provision within a plan is put in place in a timely way after a plan is finalised and a clear process for the Council to monitor this thereafter; and

• review its children’s and education services complaint handling processes to ensure complaints are investigated in line with its policy. It should ensure all complaint response letters make it clear whether they are a stage 1 or stage 2 response and tell the complainant what to do if they remain dissatisfied following the response. It should also provide evidence it has reminded its staff of this need to be clear and follow the correct complaints process.

The Council has agreed to our recommendations.

Ombudsman satisfied with Council response: 19 April 2023.

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