Summary: We have upheld this complaint because the Council delayed issuing an Education Health and Care Plan for a child. The Council has agreed to resolve the complaint by offering to make a suitable payment to the complainant to remedy the injustice this cause.

The complaint

1. Mrs X complains that the Council has delayed issuing an Education Health and Care (EHC) plan for her child.

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The Ombudsman’s role and powers

2. 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.
3. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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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. If we were to investigate this complaint it is likely that we would find fault. This is because the Council delayed issuing a final EHC Plan. In part this is due to the national shortage of Educational Psychologists. The Council says it is due to consider Mrs X’s placement at a panel this week and will issue a final plan after.
7. We have recently upheld other complaints about delays with the Council completing EHC needs assessments due to the national shortage of Educational Psychologists and we are satisfied that the Council is taking steps to resolve this issue, and so have therefore not recommended anything further recommendations in regards to this point. 
8. However, the delays have caused Miss X distress in the form of frustration and uncertainty and at the moment there is no final EHC plan issued. I therefore recommended the Council issues its final EHC plan within one month of the upcoming panel. I also recommend the Council writes to Mrs X within one month to apologise for the delays and to offer her a payment of £200 to remedy the distress this caused. To its credit, the Council agreed to my recommendations.

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Final decision

9. We have upheld Mrs X’s complaint. The Council has agreed to resolve the matter by providing a suitable remedy.

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Investigator's decision on behalf of the Ombudsman