Summary: The Council was at fault for failing to ensure that Miss X’s child, Z, received the Speech and Language Therapy (SALT) in their Education, Health and Care (EHC) Plan between September 2023 and July 2025. The Council has agreed to apologise to Miss X and make a payment to acknowledge her frustration and the impact on Z of the missed provision. It has also agreed to review its procedures as to how speech and language therapy is commissioned and arranged when required as part of a final EHC Plan.

The complaint

1. Miss X complained the Council failed to ensure her child, Z, received the Speech and Language Therapy (SALT) provision in their Education, Health and Care (EHC) Plan. Z therefore missed out on therapy they were entitled to and this caused Miss X considerable frustration and distress.

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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 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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)
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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What I have and have not investigated

6. Miss X complained the Council had not provided SALT provision since 2021. As set out in paragraph 3, we cannot investigate late complaints unless there are good reasons. I have considered what happened from September 2023 as this is the academic year one year before Miss X complained to us. If Miss X had earlier concerns, it was open to her to complain to us sooner, and I see no good reason to consider this now.

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How I considered this complaint

7. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
8. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

What I found

EHC Plans

9. A child or young person with special educational needs may have an Education, Health and Care (EHC) Plan. This document sets out the child’s needs and what arrangements should be made to meet them.
10. The council has a duty to make sure the child or young person receives the special educational provision set out in section F of an EHC Plan (Section 42 Children and Families Act). The Courts have said the duty to arrange this provision is owed personally to the child and is non-delegable. This means if the council asks another organisation to make the provision and that organisation fails to do so, the council remains liable (R v London Borough of Harrow ex parte M [1997] ELR 62), (R v North Tyneside Borough Council [2010] EWCA Civ 135)  

What happened

11. The following is a summary of the key events relevant to this complaint.
12. Z has a diagnosis of autism with significantly impaired communication. From 2021 to 2025 their EHC Plans have included the requirement for eight contacts from a Speech and Language Therapy service each year. This included observations, assessment and time to support school staff and Z’s parents in creating individualised resources and activities.
13. At Z’s EHC Plan review in July 2023 the NHS Trust SALT Team said they were unable to deliver the provision outlined in Z’s EHC Plan. At the time Z attended a mainstream primary school. The school requested additional funding for SALT from the Council. The Council rejected the request as it said it was consulting with specialist schools with a view to Z moving school.
14. In September 2023 Z continued to attend the mainstream primary school. There was no SALT provision in place for them. Miss X paid for two private SALT sessions for Z in November and December 2023 but this was the only SALT contact they received during that school year.
15. At Z’s EHC Plan review in June 2024 the NHS Trust SALT Team advised they were unable to deliver Z’s provision. It was noted that Z required the SALT provision in Section F of their EHC Plan to be fulfilled
16. In July 2024 Miss X made a complaint to the Council that was considered under stage one of the Council’s complaints procedure. Miss X complained about the lack of SALT provision and that the Council declined the school’s funding request. In its response, the Council apologised for not arranging provision but said the funding request was not specific enough.
17. The Council said that, as Z was preparing to move to a new school, it would talk with the staff there to determine how they could provide the eight SALT contacts throughout the year September 2024 to July 2025. There is no information available to show if these discussions took place.
18. In August 2024 Miss X made a complaint to the Council under stage two of the complaints process. Miss X requested the Council make funding available for the missed SALT provision.
19. In the Council’s response it acknowledged it did not ensure SALT was provided to Z and said it would consider her request to fund the missed provision.
20. In September 2024 Z moved to their new school. There is no evidence to show Z received their eight contacts of SALT provision between September 2024 and July 2025 or that the Council considered funding the missed provision.

Findings

21. The Council has a non-delegable duty to ensure a child receives the provision set out in section F of their EHC Plan. Z has significant communication impairment and each EHC Plan since 2021 has included the requirement for eight SALT contacts during the year, to provide direct support to Z and to support school staff and Z’s parents in meeting Z’s communication needs.
22. Z did not receive any SALT provision between September 2023 and July 2025, other than the two sessions Miss X arranged and paid for. This was fault which meant Z missed out on therapy and which caused frustration and uncertainty to Miss X.
23. In its complaint response the Council acknowledged it had not provided Z’s speech and language therapy, but it did not take steps to resolve the issues or to provide the required SALT. The failure to take action was fault and meant the injustice continued for longer than it should have.

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Action

24. Within one month of the final decision, the Council has agreed to take the following actions:
1. ensure speech and language therapy provision is secured for the eight contacts required in Z’s current EHC Plan.
2. pay Miss X £170 to reimburse her for the speech and language therapy she arranged and paid for in 2023.
3. pay her £1500 to acknowledge the impact upon Z and the family of not receiving the Speech and Language Therapy provision as set out in their EHC Plan. This is calculated at £300 a term for five terms over two years. This also recognises Miss X funded two sessions privately during one term in 2023.
4. apologise to Miss X and pay her £250 to acknowledge her frustration at the further delay caused by the Council not taking action to address the fault when she complained to it. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended.
25. Within two months of the final decision, the Council has agreed to review how speech and language therapy is commissioned and arranged when it is required as part of a final EHC Plan.
26. The Council will provide us with evidence it has complied with the above actions.

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Decision

27. I find fault causing injustice and the Council has agreed to take action to remedy that injustice.

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Investigator's decision on behalf of the Ombudsman