Summary: We will not investigate Mrs X’s complaint about delays in producing an Education Health and Care Plan. We have upheld the complaint, and the Council has agreed to a proportionate way to resolve the complaint.

The complaint

1. Mrs X complains the Council avoidably delayed in assessing and producing an Education Health and Care Plan (EHC Plan).

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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 a council 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 Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X says the Council has avoidably delayed in carrying out an Education Health and Care Plan (EHC Plan) needs assessment. Mrs X says the Council agreed to do so in December 2024. She says the needs assessment and decision which follows it has not yet been completed. In its reply to Mrs X complaint, the Council confirmed the delay was caused by a lack of Educational Psychologists.
7. If we were to investigate it is likely we would find fault causing the complainant injustice because the EHC Plan has not been produced within the Regulation’s timescale.

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Agreed action

8. The Council has previously set out to us its action plan to deal with the problems it has with appointing educational psychologists and EHC Plan delays.
9. The Council has agreed to a symbolic payment of:
• £600 for the problems (distress, uncertainty and frustration) for the delay up to the date of this final decision.
• £100 per month for up to six months for the problems (distress, uncertainty and frustration) until Mrs X receives a decision with a right of appeal, reference or review. 
10. This is a suitable remedy for the frustration and uncertainty caused by the delay.

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Final decision

11. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mrs X.

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Investigator's decision on behalf of the Ombudsman