Summary: Ms X complained about delays during the process of her child’s Education, Health and Care Plan. The Council apologised and offered a remedy that Ms X accepted. We have ended our investigation as further investigation would not lead to a different outcome.

The complaint

1. Ms X complained about how the Council handled her Education, Health and Care Needs Assessment (EHCNA) request for her child. She said there is still no Plan in place and her child is out of school.

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The Ombudsman’s role and powers

2. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered Ms X’s complaint and supporting information.
5. I also considered the Council’s response to Ms X and to our initial enquiries.
6. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

7. In April 2023, Ms X’s child’s (Y’s) school requested a Education, Health and Care Needs Assessment (EHCNA) for Y. The following month, the Council agreed to assess Y. The Council sent out letters to the relevant professionals.
8. Ms X said that Y was on a reduced timetable at school and she had to give up work to look after him. Ms X complained about the delays in the Education, Health and Care (EHC) Plan process and the failure of the Council to keep her updated.
9. The Council explained that the lack of educational Psychologists was the reason for the delays. The Council accepted it was at fault for failing to meet the statutory timescales for delivery of an EHC Plan.
10. During the course of my investigation, the Council confirmed that it had issued Y’s final EHC Plan and offered Ms X:
• £100 per month of delay totalling £1000.
• £500 to acknowledge the impact of the lack of access to specialist provisoin due to the delay.
• £300 to acknowledge the impact of the poor communication.
• Reimbursement upon provision of invoices/receipts for tuition or educational materials.
11. Ms X accepted the remedy along with the reassurance that it has named specialist provision and the family are happy with the Plan and setting. The Council said it has also agreed to provide transport for Y to attend school.

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Final decision

12. I have ended my investigation. The Council acknowledged its fault and offered Ms X a remedy in line with the Ombudsman’s Guidance on Remedies. Ms X accepted the remedy. Further investigation would not lead to a different outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman