Essex County Council (25 005 453)
The Ombudsman's final decision:
Summary: We have upheld this complaint because the Council delayed completing an Education Health and Care needs assessment. The Council has agreed to resolve the complaint by providing a remedy for the injustice this caused.
The complaint
- Mx X complains that the Council has failed to complete a Education, Health and Care (EHC) needs assessment within the statutory 20-week timescale, causing delay and uncertainty in securing appropriate support for Mx X’s child Ms Y.
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
- If we were to investigate Mx X’s complaint, it is likely that we would find fault. This is because the Council did delay completing an EHC needs assessment causing distress in the form of frustration and uncertainty.
- I have therefore asked the Council to apologise to Mx X within one month and to make a payment to Mx X of £400 to remedy the distress that the delay has caused. After this, to continue to make monthly payments of £100 until the final EHC Plan is issued. To its credit, the Council agreed.
Final decision
- We have upheld this complaint because the Council delayed completing an EHC needs assessment. The Council has agreed to resolve the complaint by providing a remedy for the injustice this caused.
Investigator's decision on behalf of the Ombudsman