Summary: We will not investigate this complaint about delays in the Education Health and Care needs assessment process. When considering this complaint, the council agreed to pay X £100 for each month of delay in it issuing a decision. This is a suitable remedy for injustice and there are no wider public interest issues to justify investigating this complaint.

The complaint

1. X complained about delays in the Council completing an Education Health and Care (EHC) needs assessment for her child (Y). The Council said this is due to a shortage of educational psychologists (EP).
2. X said this is causing delay to Y accessing the required support.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. X complained after the Council agreed to complete an EHC needs assessment for Y, it told her there could be delays of up to 12 months for an EP assessment due to shortages in the workforce.
7. This means the Council would be outside statutory timescales and therefore if we investigated, it is likely we would find the Council at fault.
8. We therefore asked the Council to consider remedying the injustice caused by its actions.
9. To its credit the Council agreed to do this, and will pay X £100 per month for every month of delay, up to a maximum of £600 for 6 months delay. After which time, X has the right to raise a new complaint.
10. This is a suitable remedy for injustice and therefore we will not investigate.

Back to top

Final decision

11. We will not investigate X’s complaint because we have upheld it and the Council have agreed to resolve the complaint early by providing a suitable remedy for X’s injustice.

Back to top

Investigator's decision on behalf of the Ombudsman