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 Misis X, complained about delay in the Education Health and Care (EHC) Plan process for her child. Mrs X said the Council had failed to meet the relevant deadlines in the SEN Code of Practice. She wanted the Council to pay for a private assessment.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Council conceded Miss X’s appeal against its decision not to carry out an Education Health and Care Needs Assessment for her child on 13 November 2023. This meant it had to adhere to one of two deadlines. If it decided the child did not need an EHC Plan, it had 10 weeks until 22 January 2024 to tell Miss X. If it decided the child needed an EHC Plan, it had 14 weeks until 19 February 2024 to issue it.The failure to issue a decision amounts to service failure.
7. The Council’s reply to Miss 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. It is not for us to interfere in the EHC assessment process by recommending the Council uses a private EP if available.
10. The Council has agreed to pay Miss 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 22 January until the Council issues its decision.
• If the Council issues an EHC Plan: £100 for every four weeks of delay from 19 February until the Council issues the final EHC Plan.
11. 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.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman