Summary: We have upheld this complaint about the Council’s failure to complete an Education Health and Care Needs Assessment for the complainant’s daughter within the statutory timescale. The Council has agreed to provide a proportionate remedy and this removes the need for us to investigate.

The complaint

1. The complainant, Mrs X, complains that the Council has failed to complete her daughter’s Education Health and Care Needs Assessment within the timescale set out in the Special Educational Needs Code of Practice.

Back to top

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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘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)
3. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mrs X requested an Education Health and Care Needs Assessment for her daughter in November 2024. The Council has not yet completed the assessment. The Council accepts that the process is subject to delay, which it attributes to the lack of educational psychology resource.
7. The Ombudsman regards delay in assessing education health and care needs due to the lack of specialist advice as amounting to service failure. We are satisfied that the Council has a plan in place to address the lack of specialist advice.
8. If we were to investigate this complaint it is likely we would find fault causing Mrs X injustice because of the distress and uncertainty caused by the delay.

Back to top

Agreed action

9. We therefore asked the Council to pay Mrs X £400 in recognition of the delay so far, and £100 for each further month until the Council issues a decision to her, to a maximum of £600 in recognition of the further delay.
10. To its credit the Council has agreed to take the action we asked for. This removes the need for us to investigate

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman