Summary: We will not investigate this complaint about the Council’s failure to arrange Education Health and Care Plan provision because it has agreed a proportionate remedy.

The complaint

1. Mrs X complains the Council has failed to arrange provision due under her son’s Education Health and Care Plan (“EHC Plan”) from December 2022 to date and been poor in its communications.
2. Mrs X says her son, Y, has missed Occupational Therapy (“OT”) and Speech and Language Therapy (“SALT”); she suffered time and trouble in the Council’s complaints process; she suffered distress and uncertainty due to the Council’s poor communication; and she has suffered distress and financial loss because she paid for therapies at her own cost.
3. Mrs X wants the Council to:
• admit its failings;
• provide apologies and explanations;
• compensate her for the distress and difficulties she has suffered;
• pay compensation for missed provision equal to the cost of that provision;
• refund costs she has incurred on provision;
• pay therapists going forward;
• contact her about direct payments; and
• provide her with details of its search for therapists.

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The Ombudsman’s role and powers

4. 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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by Mrs X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. If we were to investigate Mrs X’s complaint it is likely we would find fault causing injustice because the Council has not met its duty to ensure Y receives his EHC Plan provision, it delayed in the complaints process, it was poor in communications and it delayed arranging a personal budget and direct payments.
9. We therefore asked the Council to consider remedying the injustice caused by its actions by carrying out the following, within six weeks of the date of this decision:
• Provide Mrs X with a further written apology;
• Pay Mrs X £300 for time and trouble;
• Pay Mrs X £500 for distress and uncertainty;
• Pay Mrs X £200 per month (term time only) for missed OT and SALT provision from December 2022 to date, in recognition of the impact of this on her son, (excluding any period where the Council receives evidence Mrs X paid for services herself);
• Refund Mrs X the costs she has incurred on OT and SALT from September 2023 to date, upon her providing evidence of those costs to the Council and;
• Arrange SALT and OT for Y going forward or arrange direct payments for Mrs X to do so.
10. We did not ask the Council to make service improvements as it confirmed the action it would take to improve its services when responding to Mrs X’s complaint.
11. In line with our Guidance on Remedies we will consider a payment in recognition of missed provision. This is not equal to the cost of provision where no costs were incurred.
12. If Mrs X considers the Council has not given her information she is entitled to she may wish to raise a complaint with the Information Commissioner’s Office. This is the appropriate body to consider such complaints.

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Agreed action

13. To its credit the Council agreed to resolve the complaint and will carry out the actions at paragraph 9 by 1 February 2024 to put things right.

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Final decision

14. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mrs X and Y.

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Investigator's decision on behalf of the Ombudsman