Summary: We will not investigate this complaint about delay by the Council in assessing Mrs X’s child’s special educational needs and issuing a decision that either meets with her approval or opens a right of appeal. The Council has accepted it has taken too long to issue the decision and agreed to provide a suitable remedy for the delay.

The complaint

1. Mrs X complained of delay by the Council in issuing an Education Health and Care EHC) Plan for her child.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
3. 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. The Council’s confirmation that it has recently issued a draft EHC Plan for the child indicates it intends to issue a final Plan in due course. The timescale for that course means it should have done so by 10 October 2024, given the date when Mrs X applied for assessment. Were we to investigate, it is likely we would find fault with the Council’s actions.
7. To its credit, the council has accepted there has been delay. It has also told us that, in common with a number of other authorities, it has had difficulties with the recruitment of educational psychologists, and outlined a plan to address this. It has agreed to pay Mrs X £100 per month from 10 October 2024 to the date when it issues the final EHC Plan for her child. I note the Council has already offered Mrs X £150 for delay. If has already paid that sum, it can deduct it from the total

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Final decision

8. We will not investigate Mrs X’s complaint because the council has agreed to provide a suitable remedy for injustice caused by delay issuing a decision.

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Investigator's decision on behalf of the Ombudsman