Summary: We have upheld Ms X’s complaint about delays in the Education, Health and Care needs assessment process for her child, poor communication and delays in complaints handling. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Ms X complains about delays in the Education, Health and Care (EHC) needs assessment process for her child, Y, poor communication and delays in complaint handling. She says the matter has caused frustration and distress. She wants the Council to provide a financial remedy for the distress caused.

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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, it is likely we would find fault causing injustice. This is because in its complaint responses, the Council accepted it delayed completing Y’s EHC needs assessment by 16 weeks. It also accepted some poor communication and delays in responding to her complaint. The Council identified actions it would take to improve its service going forward, but did not acknowledge the impact of the faults on Ms X or act to remedy the injustice caused.
7. We invited the Council to resolve the complaint early by providing a remedy to Ms X for the frustration and distress caused by the identified faults. The Council accepted our invitation.

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Agreed action

8. Within one month of the final decision, the Council will write to Ms X to apologise for the faults and to offer her a financial remedy of £400, in recognition of the frustration and distress caused by the delays and poor communication.

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Final decision

9. We have upheld Ms X’s complaint because 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