Summary: We have upheld this complaint because the Council delayed carrying out an Education Health and Care needs assessment 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 caused.

The complaint

1. Mrs X complains about how the Council has dealt with annual reviews of her daughter’s Education Health and Care Plan. Mrs X says the Council delayed issuing a first final EHC Plan in 2023, was not informed of a panel decision in 2023 and that there were further delays carrying out an annual review and issuing a final EHC Plan in 2024.

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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. I will not investigate Mrs X’s complaint that the Council delayed issuing her daughter’s first final EHC Plan in 2023 or that it delayed informing her of a panel decision. This is because these issued happened more than 12 months ago and I see no good reason why Mrs X could not have complained to the Ombudsman about them sooner.
7. However, if we were to investigate how the Council managed the annual review in 2024 it is likely we would find fault. This is because there was a delay holding the review then a further delay issuing the final plan which has caused Mrs X distress in the form of uncertainty and meant a delay in Mrs X’s daughter starting her placement and receiving the provision detailed in the EHC Plan. Whilst the Council has rightly apologised to Mrs X I consider that a symbolic payment to remedy this injustice is appropriate.
8. I therefore asked the Council to write to Miss X within one month to offer her a payment of £300 to remedy the distress its delays caused her and a further payment of £1000 to remedy the missed provision detailed in her daughter’s EHC Plan due to the delay. To its credit, the Council agreed.
9. We have recently upheld other complaints about delays with the Council completing reviews of EHC Plans, and we are satisfied that the Council is taking steps to resolve this issue, and so have therefore not recommended anything further recommendations in regard to this point. 

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Final decision

10. We have upheld part of Mrs X’s complaint. The Council has agreed to resolve the matter by providing a suitable remedy. Other parts of her complaint are made late.

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Investigator's decision on behalf of the Ombudsman