Summary: We will not investigate this complaint about delays in the Education Health and Care Plan process and poor communication by the Council. This is because the Council has agreed appropriate remedies.

The complaint

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

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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 Mrs X’s request that it issue her daughter with an EHC Plan. The 16-week deadline for the Council to decide whether to issue a plan was 06 July 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 to Mrs X and offered a payment of £350 to recognise poor communication and delay in deciding whether to issue an EHC Plan. The Council said this payment had not yet been accepted.
9. The Council has now agreed to the following. These remedies reflect the Council’s original offer and the ongoing delay:
• Pay Mrs X £150 to recognise the uncertainty and frustration caused by the Council’s poor communication. It should do this within four weeks of this decision.
• Pay Mrs X £100 per four weeks of delay, to be calculated from 06 July 2023, until the date a decision is made whether to issue an EHC Plan. This is to recognise the frustration and uncertainty caused by the delay.  The payment should be made within four weeks of the Council deciding whether to issue an EHC Plan.
10. The Council has agreed suitable remedies 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

11. We will not investigate Mrs X’s complaint because the Council has offered suitable remedies.

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Investigator's decision on behalf of the Ombudsman