Summary: We will not investigate this complaint about delays in the Council’s Education Health and Care Plan process. This is because further investigation would not lead to a different outcome.

The complaint

1. Mrs X complained the Council did not complete her child, Y’s, Education Care and Health (EHC) assessment within the statutory timeframe. She said its complaint response did not acknowledge the impact of the delay. She said it affected Y’s mental health. She wants more compensation than the Council has offered and for it to complete the assessment without delay.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation
• further investigation would not lead to a different outcome

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. In its response to Mrs X the Council explained the delay in assessment was due to a lack of Educational Psychologists and apologised. It said it would pay £100 per month until it issued a deicion or it issued a final EHC plan.
6. The Council confirmed it has not issued the EHC plan.
7. We will not investigate this complaint. The Council’s proposed remedy of payment of £100 per month to Mrs X due to the delay in the EHC process is in line with our guidance on remedies. Therefore, further investigation would not lead to a different outcome.

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Final decision

8. We will not investigate Mrs X’s complaint because further investigation 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