Overview:

Key to names used

• Mrs J The complainant
• K Her daughter

Summary

The Council has delayed its education, health and care (EHC) needs assessment for Mrs J’s daughter, K. This has been mainly due to a delay in obtaining advice from its educational psychologist. The Council’s communications have been poor. Mrs J says the impact on K is that she has not been able to access education. The whole family has had counselling, as a direct result of the delay. K is at the end of her Key Stage. And, due to the delay, K attended taster days at mainstream schools, despite the schools saying a placement would not work for her.

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)

The Council should, within three months of the date of this report, start to:

• prepare quarterly reports to its relevant committee, to ensure democratic oversight of its Recovery Plan; and

• publish updates on its website, so those affected by delays can track progress.

  To remedy the personal injustice, the Council should, within one month of the date of this report:

• apologise to Mrs J for the avoidable distress, frustration, and time and trouble caused by the delay. We have published guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology; and

• pay Mrs J a symbolic payment of £1,000 for the distress to her for the delay in issuing K’s EHC Plan.

The Council has agreed the recommendations and should provide us with evidence it has complied with them.

Ombudsman satisfied with Council's response: 3 April 2024.

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