Summary: We have upheld Ms X’s complaint about the Council’s delay in completing the reviews of her children’s Education, Health and Care plans. The Council has agreed to resolve the complaints early by providing a proportionate remedy for the injustice caused.

The complaint

1. Ms X complains about the Council’s delay in completing the annual reviews of her children’s Education, Health and Care (EHC) plans. She says that the Council’s handling of these issues has caused her unnecessary stress and upset.

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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 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)

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How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. If we investigated this complaint, it is likely that we would find the Council at fault. The Council agreed to complete an EHC needs assessment but accepts it has not completed this within the statutory timescales.
6. The Council has admitted it delayed completing Child A’s EHC plan review by three months and Child B and C’s plan by four months. These delays would have caused Ms X distress in the form of uncertainty.
7. The Council has already agreed to undertake work on improving the EHC plan process, after the Ombudsman upheld other cases. We are therefore satisfied that the Council is taking steps to resolve this issue.
8. We therefore invited the Council to consider remedying the injustice caused to Ms X by taking the following actions within one month of the date of this decision:

• Provide Ms X with an apology.

• Pay Ms X £300 for the distress due to the delay in issuing an annual review for the EHC plans.

9. To its credit, the Council agreed to resolve the complaint and will complete the above within one month of our final decision.

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Final decision

10. We have upheld this complaint. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman