Summary: We will not investigate this complaint about the Education, Health and Care plan process. This is because the Council has offered an appropriate remedy for the injustice caused by the delay. An investigation by the Ombudsman would not lead to a different outcome.

The complaint

1. Mrs X complained about delay in the Education, Health and Care Plan (EHC Plan) process. Mrs X says the Council failed to meet the relevant timescales in the SEN Code of Practice. Mrs X is unhappy the Council has refused to accept an Educational Psychologist report commissioned by her child’s school.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
3. 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. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Mrs X asked the Council to assess her child for an EHC Plan. If the Council decided not to issue an EHC Plan, it should have made the decision by week 16 of the process. If the Council decided to issue an EHC Plan, it should have done so by week 20 of the process.
8. The Council has accepted it has taken longer than it should to complete the process due to a shortage of Educational Psychologists. This is service failure. This has caused Mrs X frustration and distress. The Council has offered Mrs X £100 for each month of delay.
9. The Council has previously assured the Ombudsman of the actions it is taking to address delays in the EHC Plan process. We are therefore satisfied the Council has a plan to address this issue.
10. In cases like this we consider a payment of £100 to be a suitable remedy for each month of delay. It is for the Council to decide whether it accepts Educational Psychologist reports commissioned by parents or other third parties. If we were to consider this point it is unlikely that we would find the Council to be at fault.
11. The Council has therefore offered what we consider a suitable remedy and is taking to steps to address the issue at the heart of this complaint. Consideration of Mrs X’s complaint by the Ombudsman would not lead to a different outcome. We will not therefore investigate.

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Final decision

12. We will not investigate Mrs X’s complaint because the Council has offered a suitable remedy for the identified injustice. Further consideration by the Ombudsman would not lead to a different outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman