Summary: We have upheld Miss X’s complaint because the Council has delayed carrying out an Education Health and Care needs assessment for her 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

1. Miss X complains that the Council has delayed completing an Education Health and Care (EHC) needs assessment for her child.

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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 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)
3. 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

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. If we were to investigate this complaint, it is likely that we would find fault. This is because the Council has delayed completing its EHC needs assessment by around seven months to date. It says this is due to the national shortage of Educational Psychologists.
7. We have recently upheld other complaints about delays with the Council completing EHC needs assessments due to the national shortage of Educational Psychologists and we are satisfied that the Council is taking steps to resolve this issue. I have therefore not made any further recommendations in regard to this point. 
8. However, the delays have caused Miss X distress in the form of frustration and uncertainty.
9. I therefore asked the Council to apologise to Miss X for the delay and to make a payment to her of £700 within one month to remedy the distress this has caused to date. I also asked the Council to make a further payment to Miss X once it makes an appealable decision, either not to issue an EHC Plan or when an EHC Plan is issued. This payment should be calculated at £100 per month from the date of this decision until the date of the appealable decision. To its credit, the Council agreed.

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Final decision

10. We have upheld Miss X’s complaint. The Council has agreed to resolve the matter by providing a suitable remedy.

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Investigator's decision on behalf of the Ombudsman