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

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.

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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 received a request from Y’s school for an Education Health and Care Needs Assessment on 04 October 2023. This is the first stage in securing an EHC Plan for a child. If the Council’s decision was to not issue an EHC Plan, it should have told Mrs X by 24 January 2024. This is week 16 of the EHC Plan process. If the Council’s decision was to issue an EHC Plan, it should have done this by 21 February. This is week 20 of the EHC Plan process. The failure to issue a decision amounts to service failure.
7. The Council’s reply to Mrs X’s complaint explained the delay was caused by a shortage of Educational Psychologists (EPs).
8. During a recent investigation by us about similar matters, the Council has provided evidence of action it has taken to address the shortage of EPs. As a result, further investigation is unlikely to result in additional recommendations because the Council is already acting to resolve the issues.
9. The Council has agreed to pay Mrs X £100 for every four weeks of delay. This is to recognise the frustration and uncertainty caused by the delay. We consider this to be a suitable remedy and should be calculated as follows:
• If the Council refuses to issue an EHC Plan: £100 for every four weeks of delay from 24 January until the Council issues its decision.
• If the Council issues an EHC Plan: £100 for every four weeks of delay from 21 February until the Council issues the final EHC Plan.
10. 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

11. We will not investigate Mrs 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