Summary: We upheld Miss X’s complaint about delays in the Education, Health and Care needs assessment regarding her child, Y. The Council agreed to resolve the complaint early by apologising to Miss X and paying her a symbolic payment to acknowledge the injustice caused.

The complaint

1. Miss X complained about delays in the Education, Health and Care Plan needs assessment regarding their child, Y.
2. Miss X said the matter caused her distress and frustration.

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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).
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. If we investigated this complaint, we would likely find fault because:
• Miss X asked the Council to complete an Education, Health and Care needs assessment of Y on 04 July 2024. The Council originally refused to assess Y. However, on 31 October 2024 the Council overturned the decision and agreed to assess Y. The process continued from week six of the statutory timescales at that point.
• In its complaint response to Miss X, the Council accepted it had delayed completing Y’s Education, Health and Care needs assessment. It said the delay was caused by a shortage of Educational Psychologists.
• Therefore, if the Council decides not to make an Education, Health and Care Plan for the child, it should have made the decision by week 16 of the process - by 09 January 2025.
• If the Council decides to make an Education, Health and Care Plan for the child, it should have made the final Education, Health and Care Plan by week 20 of the process - by 06 February 2025.
8. The Ombudsman’s approach is that, although we acknowledge the national shortage of Educational Psychologists, a failure to complete the Education, Health and Care needs assessment process within the statutory timescales is fault.
9. Where we are satisfied the Council has plans in place to address the lack of Educational Psychologists, 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.
10. During a recent investigation by us about similar matters, the Council provided evidence of action it has taken to address the shortage of Educational Psychologists. As a result, further investigation is unlikely to result in additional recommendations because the Council is already acting to resolve the issues.
11. We therefore asked the Council to consider remedying the injustice caused to Miss X by the delays.

Agreed action

12. The Council agreed to:
• write to Miss X and apologise for the frustration and uncertainty caused by the delays in the Education, Health and Care process; and
• if the decision is to refuse to make an Education, Health and Care Plan for Y: pay Miss X £100 per month of delay, calculated from 09 January 2025, until the decision letter is sent; OR
• if the decision is to make an Education, Health and Care Plan for Y: pay Miss X £100 per month of delay, calculated from 06 February 2025, until the final Education, Health and Care Plan and decision letters are sent.
13. The Council agreed to complete the above actions within one month of the appealable decision being sent to Miss X.

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Final decision

14. We upheld this complaint. The Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X. It is also acting to improve its service for others.

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Investigator's decision on behalf of the Ombudsman