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

The complaint

1. Mrs X complained about delays in the Education, Health and Care (EHC) needs assessment of her child, Y.
2. Mrs X said the matter has caused her distress and uncertainty.

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The Ombudsman’s role and powers

3. 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).
4. 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

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

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My assessment

7. If we investigated this complaint, we would likely find fault because:
• In its complaint response to Mrs X, the Council upheld the complaint about delays in the EHC needs assessment process and explained about local and national shortages of Educational Psychologists.
• Mrs X said she sent the request for an EHC needs assessment on 09 January 2024. The Council decided to conduct an assessment. Mrs X said the Council sent her a draft EHC Plan on 17 September 2024, but no final EHC Plan has been made.
• Because the Council decided to make an EHC Plan for Y, it should have completed the process within 20 weeks of the original application, by 28 May 2024.
8. 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.
9. During a recent investigation by us about similar matters, the Council 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.
10. We therefore asked the Council to consider remedying the injustice caused to Mrs X by the delays.

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Agreed action

11. The Council agreed to:
• write to Mrs X and apologise for the frustration and uncertainty caused by the delays in the EHC process; and
• pay Mrs X £100 per month of delay, calculated from 28 May 2024, until the final EHC Plan and decision letters are sent.
12. The Council agreed to complete the above actions within one month of the appealable decision being sent to Mrs X.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman