Summary: We upheld Mr X’s complaint about delays in the Education, Health and Care needs assessment process for his child. The Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mr X complained about delay in the Council’s Education, Health and Care (EHC) needs assessment process for his child.
2. Mr X also complained the delays have caused emotional distress when trying to support his child.

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The Ombudsman’s role and powers

3. 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)

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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. Mr X complained that there is a delay in the EHC Plan process for his child.
7. Where the Council receives a request for an EHC needs assessment it must decide whether to agree to the assessment and send its decision to the parent of the child or the young person within six weeks. 
8. The process of assessing needs and developing EHC Plans “must be carried out in a timely manner”. Steps must be completed as soon as practicable. 
9. If the Council goes on to issue an EHC Plan, the whole process from the point when an assessment is requested until the final EHC Plan is issued must take no more than 20 weeks.
10. The Ombudsman’s approach is that, although we acknowledge there is a national shortage of EPs, a failure to complete the EHC needs assessment process within the statutory timescales is fault. Where we are satisfied the Council has plans in place to address the lack of EPs, we would likely find fault due to “service failure”. Service failure can happen when an organisation fails to provide a service as it should have done due to circumstances beyond its control.
11. If we investigated this complaint, it is likely we would find fault because in its complaint response to Mr X, the Council accepted there are delays in completing his child’s EHC needs assessment.
12. Mr X made his initial request in November 2024 and therefore the Council should have either notified Mr X of its decision not to issue an EHC Plan by mid-March 2025, or issued a final EHC Plan by early April 2025.
13. The Council apologised to Mr X, but this is insufficient to remedy the distress caused by the delay.
14. We therefore asked the Council to consider resolving this complaint by providing a suitable remedy for the uncertainty and distress caused. The Council accepted our invitation.

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Agreed action

15. The Council will pay Mr X £100 per month of delay, payable within one month of sending him its eventual decision.

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Final decision

16. We will not investigate this complaint. When considering the complaint, the Council agreed to resolve the complaint early by providing a proportionate remedy to remedy the injustice caused. There are no wider public interest issues to justify investigation.

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Investigator's decision on behalf of the Ombudsman