Somerset Council (25 003 947)
The Ombudsman's final decision:
Summary: We have upheld this complaint because the Council delayed completing an Education Health and Care needs assessment for a child. The Council has agreed to resolve the complaint by offering to make a suitable payment to the complainant to remedy the injustice this caused.
The complaint
- Mrs X complains that the Council delayed reaching a decision on whether it would issue an Education Health and Care (EHC) Plan for her child.
The Ombudsman’s role and powers
- 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)
- Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X successfully appealed the Council’s decision not to carry out an EHC needs assessment. The Council subsequently apologised to Mrs X for delays in deciding whether or not to issue a final EHC Plan. It also apologised for not sending her information she requested and subsequently sent this information to her in the post.
- If we were to investigate this complaint it is likely that we would find fault. This is because the Council delayed making its decision not to issue an EHC Plan for Mrs X’s child. This caused her distress in the form of frustration and uncertainty.
- I therefore asked the Council to make a payment to Mrs X of £100 within one month to remedy the distress this has caused to date. To its credit, the Council agreed.
Final decision
- We have upheld Mrs X’s complaint. The Council has agreed to resolve the matter by providing a suitable remedy.
Investigator's decision on behalf of the Ombudsman