Summary: We upheld Mr X’s complaint about delays in the Education, Health and Care process regarding his child, Y. The Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mr X complained about delays in the Education, Health and Care (EHC) needs assessment process regarding his child, Y. Mr X said the matter caused him frustration and uncertainty.

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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 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).
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 investigated this complaint, we would likely find fault because:
• In its complaint response to Mr X, the Council upheld the complaint about delays in the EHC needs assessment process and explained about local and national shortages of Educational Psychologists and SEND staff shortages.
• Mr X said he sent the request for an EHC needs assessment of his child in August 2023. The Council made a final EHC Plan for Y in mid-July 2024. The Council should have completed the process within 20 weeks, by mid-December 2023. This is a delay of seven months.
7. The Ombudsman’s approach is that, although we acknowledge the national shortage of EPs, a failure to complete the EHC needs assessment process within the statutory timescales is fault. Where we are satisfied the Council has plans in place to address the lack of EPs, we would likely find fault due to “service failure”. Service failure can happen when an organisation fails to provide a service as it should have done due to circumstances beyond its control.
8. During a recent investigation by us about similar matters, the Council provided evidence of action it has taken to address the shortage of EPs. The Ombudsman has also asked for an update about the Council’s SEND action plan to address its staff shortages. As a result, further investigation is unlikely to result in additional recommendations because the Council is already acting to resolve the issues.
9. We therefore asked the Council to consider remedying the injustice caused to Mr X by the delays.

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Agreed action

10. Within one month of this decision the Council agreed to:
• write to Mr X and apologise for the frustration and uncertainty caused by the delays in the EHC process; and
• pay Mr X £700 to recognise the frustration and uncertainty caused by the delay in the EHC Process.

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Final decision

11. We upheld this complaint because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X. It is also acting to improve its service for others.

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Investigator's decision on behalf of the Ombudsman