Overview:

Key to names used

• Mrs X - The complainant
• Y  - Mrs X’s son

Summary

We upheld Mrs X’s complaint about the Council’s failure to deliver the provision in her son Y’s Education, Health and Care (EHC) Plan. This meant Y’s needs were not sufficiently met, and it caused Mrs X distress. The Council was also at fault for its communication with Mrs X and its handling of her complaint which caused her further distress and uncertainty.

Finding

Fault found causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

In addition to the requirements set out above, to remedy the injustice caused to Mrs X and Y, within one month of the date of this report, we recommend the Council:

• apologise to Mrs X for the injustice caused by the faults identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology we have recommended in our findings; and

• pay Mrs X £1,575 to recognise Y’s loss of opportunity to receive the provision in line with his EHC Plan between March 2024 to July 2025.

Within three months of the date of this report, the Council should:

• review its procedures to ensure it has a robust process in place for checking provision specified in an EHC Plan is arranged from the start of a new or amended Plan; and

• create an action plan setting out how it is reducing the delays in Makaton training and increasing its commissioning of trainers.

The Council has accepted these recommendations.

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