Summary: We will not investigate this complaint about delays in the Education Health and Care Plan process. This is because the Council has agreed to an appropriate remedy for the delay.

The complaint

1. The complainant, whom I shall refer to as Miss X, complained about delay in the Education Health and Care Plan (EHC Plan) process for her son (Y). Miss X said the Council had failed to meet the relevant deadlines in the SEN Code of Practice.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’  and ‘service failure’. I have used the word fault to refer to these. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
3. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council has accepted delay in considering Miss X’s request that it issue her son with an EHC Plan. The 16-week deadline for the Council to decide whether to issue a plan was 31 May 2023. A lack of Educational Psychologists (EPs) has contributed to the delay. The failure to issue a decision amounts to service failure.
7. We are satisfied the Council has a plan to address this issue. In July 2023, the Council's Cabinet approved an action plan to deal with the issues it is facing because of a lack of capacity in its EP and Special Educational Needs teams. This plan includes increased funding and recruitment.
8. The Council has already apologised for the delay and paid Miss X £200 to cover the delay from 31 May to the end of July. It has also agreed to:
• Pay Miss X a further £300 to recognise 12 weeks of delay from 01 August to 24 October. This is to recognise the frustration and uncertainty caused by the delay. It should do this within four weeks of this decision.
• Pay £100 for each four weeks of further delay to acknowledge the ongoing injustice. The Council should make the payment within four weeks of deciding whether to issue an EHC Plan.
9. The Council has agreed a suitable remedy and is taking to steps to address the issue at the heart of this complaint. We will not therefore investigate.

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Final decision

10. We will not investigate Miss X’s complaint because the Council has offered a suitable remedy for the identified injustice.

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Investigator's decision on behalf of the Ombudsman