Summary: We will not investigate this complaint about the Education, Health and Care plan process. This is because the Council has offered an appropriate remedy for the injustice caused by the delay. Our involvement would not lead to a different outcome.

The complaint

1. Mrs X complained about delay in the Education, Health and Care Plan (EHC Plan) process. Mrs X says the Council failed to meet the relevant timescales in the SEN Code of Practice.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
3. 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. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. 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

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

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My assessment

8. Mrs X asked the Council to assess her child for an EHC Plan. The Council originally refused but changed its decision after Mrs X appealed. The EHC Plan process should normally take a maximum of 20 weeks – but was effectively paused during the appeal period.
9. The process restarted after the Council agreed to assess Mrs X’s child. The Council has accepted it has taken longer than it should to complete the process due to a shortage of Educational Psychologists. This is service failure. This has caused Mrs X frustration and distress.
10. The Council has previously assured the Ombudsman of the actions it is taking to address delays in the EHC Plan process. We are therefore satisfied the Council has a plan to address this issue.
11. In cases like this we consider a payment of £100 to be a suitable remedy for each month of delay. The Council has already offered Mrs X this amount in response to her complaint.
12. The Council has offered a suitable remedy and is taking to steps to address the issue at the heart of this complaint. We will not therefore investigate as our involvement would not achieve anything more.

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Final decision

13. We will not investigate Mrs X’s complaint. The Council has offered a suitable remedy for the identified injustice and our involvement would not lead to a different outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman