The Ombudsman's final decision
Summary: Ms X complained the Council failed to refer her child Y for a dyspraxia assessment. She said that has affected Y’s educational opportunities. The Council has agreed to pay Ms X £200 to remedy the injustice caused. We are satisfied with the Council’s proposed actions therefore we will not investigate this complaint further.
The complaint
Ms X complained the Council failed to refer her child Y for a dyspraxia assessment, despite it telling her it had. She said this was an action in Y’s Child Protection Plan. She said this had affected Y’s education opportunities. She wants the Council to ensure Y is assessed for dyspraxia without delay.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
The complainant had an opportunity to comment on my draft decision. I considered their comments before making a final decision.
My assessment
The Council supported Y through a Child Protection Plan in 2020 and later as a Child in Need. Whilst the Council were supporting Y, it agreed to contact his GP about a referral for a dyspraxia assessment.
After the Council ended its involvement with the family, Ms X contacted the GP to chase up the dyspraxia referral. They said Y had not been referred. Ms X referred Y herself and complained to the Council. The Council fully upheld Ms X’s complaint and apologised. It said it would review its internal processes and ask managers to ensure that actions on plans were completed by workers. Ms X remained unhappy with the Council’s response and complained to the Ombudsman.
The Council has accepted it was at fault for failing to contact Y’s GP as agreed and for not ensuring all actions were completed before ending its involvement with Y. That has caused Ms X avoidable distress and has delayed Y’s access to a dyspraxia assessment. The Council has agreed to pay Ms X £200 to remedy the injustice caused. That is in line with our guidance on remedies. I am satisfied that remedies any injustice caused therefore we will not investigate this complaint further.
Agreed action
Within four weeks of my final decision the Council has agreed to pay Ms X £200 in recognition of the avoidable distress caused by its actions.
Final decision
We will not investigate this complaint. This is because we are satisfied with the actions the Council proposes to take.
Investigator's decision on behalf of the Ombudsman