Summary: We will not investigate this complaint about the Education, Health and Care plan process. This is because the Council has agreed to an appropriate remedy for the injustice caused by the accepted fault.

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 says communication from the Council was poor.

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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. 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

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. The Council agreed and had 20 weeks to complete the process. It issued the final plan two and a half months late.
8. In its response to Mrs X’s complaint the Council accepted the delay and issues with communication. This is fault. The Council’s actions caused Mrs X injustice in the form of frustration and distress.
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. To remedy the injustice caused we asked the Council to make a payment to Mrs X of £300 to resolve the complaint early. To its credit the Council has agreed to our invitation. It should make the payment within four weeks of this decision.
11. The Council has agreed a suitable remedy and is taking to steps to address the issue at the heart of this complaint. 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.

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Investigator's decision on behalf of the Ombudsman