Summary: We will not investigate Mrs X’s complaint about the Council’s delay in arranging Speech and Language provision for her child. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mrs X complains about the Council’s delay in arranging Speech and Language Therapy (SALT) provision for her child, Y from January to September 2024. Mrs X also complains about the Council’s poor communication in resolving this. In addition to the missed provision, this caused Mrs X and Y distress.

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The Ombudsman’s role and powers

2. 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’. If there has been fault which caused an injustice, 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 Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. If we were to investigate Mrs X’s complaint, it is likely we would find fault causing injustice because the Council accepts it did not provide the SALT provision outlined in Y’s final Education, Health and Care Plan between January to September 2024. I note this included direct support from a therapist and indirect support from staff as directed by a therapist, totalling 15 hours per month.
7. The Council offered to make a symbolic payment of £250 to acknowledge the missed provision and upset caused. However, I do not consider this remedies the injustice caused.
8. I therefore asked the Council to consider resolving this complaint early by taking the following actions within one month of the final decision statement:

• Provide an apology to Mrs X. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology.
• Pay Mrs X £500 in recognition of missed SALT provision (less any payment already made in response to her complaint).
• Pay Mrs X £150 for distress.
• Identify any actions the Council can take to prevent recurrence of the delays that arose on this case and provide us with details of these actions and timescales for completion.

9. To its credit, the Council has agreed to complete the above within one month of the final decision statement.

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Final decision

10. We have upheld Mrs X’s complaint about the Council’s delay in arranging SALT provision for her child. The Council has agreed to resolve it by providing a proportionate remedy for the injustice caused by the likely fault.

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Investigator's decision on behalf of the Ombudsman