Summary: B’s education, health and care (EHC) needs assessment is delayed because of a shortage of Educational Psychologists. The Council has apologised for the delay. The Council has accepted our recommendations to address the injustice caused.

The complaint

1. Mrs M complains about delay by the Council assessing her son B’s special educational needs.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. Once we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have considered information provided by Mrs M and information provided by the Council. I invited Mrs M and the Council to comment on my draft decision.

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What I found

5. Mrs M asked the Council to undertake an education, health and care (EHC) needs assessment for her son, B, on 21 July 2022.
6. The Council agreed to undertake the assessment on 15 August 2022.
7. Mrs M complained to the Council on 21 February 2023. She said the deadline for the Council to issue B’s EHC Plan had passed in December 2022. She said the Council had not given any indication of when the assessment would be completed.
8. The Council responded at both stages of its complaints procedure. The Council acknowledged B’s assessment was delayed and upheld Mrs M’s complaint. The Council explained there was a shortage of Educational Psychologists needed to complete the assessments. The Council apologised for the delay and said it would nominate an officer to keep in touch with Mrs M so she would know when to expect the assessment to be completed.
9. Unhappy with the Council’s response, Mrs M complained to the Ombudsman.

Education, Health and Care Plans: the law

10. A child with special educational needs may have an Education, Health and Care (EHC) Plan. An EHC Plan describes the child’s special educational needs and the provision required to meet them.
11. The procedure for assessing a child’s special educational needs and issuing an Education, Health and Care Plan is set out in legislation and Government guidance.
12. As part of the assessment, the Council must obtain advice from an Educational Psychologist.
13. If the Council decides to issue a Plan, it must complete the process without delay and issue a Plan within a maximum of 20 weeks of the parent’s request for an assessment (or 14 weeks if the matter is decided at a Tribunal).

Consideration

14. The Council agreed to undertake an EHC needs assessment for B on 15 August 2022. This means the Council should have either:
• notified Mrs M that it had decided not to issue a Plan by 10 November 2022; or
• issued a Plan by 8 December 2022.
15. The Council has not met these deadlines. This is fault.
16. In a comprehensive response to Mrs M’s complaint, the Council acknowledged it was at fault and apologised. I welcome the Council’s apology.
17. Where we find fault, we may recommend a remedy to address any injustice the fault has caused. In B’s case, I am limited in the recommendations I can make because we will not know the full impact of the delay until the assessment is complete.
18. Nevertheless, Mrs M has faced considerable frustration which has been compounded by the lack of information before she complained about the likely timescale for the completion of B’s assessment. I am pleased to see the Council had taken steps to address this in its complaint response.

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Agreed action

19. We have published guidance to explain how we recommend remedies for people who have suffered injustice as a result of fault by a council. Our primary aim is to put people back in the position they would have been in if the fault by the Council had not occurred.
20. I recommended the Council:
1. continues to keep Ms M informed of the likely timetable for the completion of B’s assessment as agreed in its complaint response;
2. offers Mrs M a symbolic payment of £150 for the frustration caused by the delay and the lack of information – before she complained – about when the assessment would be completed;
3. completes the assessment as soon as possible; and
4. considers the impact of any delay on B and, if appropriate, offers a remedy once the process is complete. Mrs M can complain to us again if she is unhappy with any remedy the Council offers once B’s assessment is complete.
21. I recommended the Council offers the payment within one month of my decision, and considers the impact of the delay and offers a remedy within one month of issuing B’s EHC Plan.
22. The Council should provide us with evidence it has complied with the above actions.
23. The Council accepted my recommendations.
24. We can also recommend the Council takes action to avoid similar problems in the future. We have received other complaints about delays due to the shortage of Educational Psychologists and we will contact the Council separately to discuss service improvements.

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Final decision

25. I have completed my investigation as the Council accepts my recommendations.

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Investigator's decision on behalf of the Ombudsman