The Ombudsman's final decision
Summary: Miss X complains the Council failed to issue a final EHC plan in 2021 and that there were delays in its complaint handling. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X by the fault accepted.
The complaint
Miss X complains the Council failed to issue a final EHC plan in 2021. She says this denied her the opportunity to appeal to the tribunal. She also complains about delays in the Council’s complaint handling.
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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X’s son has an EHC plan. The Council held an annual review in May 2021 and issued a draft plan in July 2021.
During its complaint investigation, the Council accepted it failed to issue a final EHC plan and that this prevented Miss X from appealing to the tribunal. The Council apologised for this but did not offer any remedy for the injustice caused by the fault.
If we were we to investigate, it is likely we would find the accepted fault has caused some uncertainty. This is because we cannot say what the Tribunal would have decided if Miss X had been able to appeal.
It is also likely we would find fault with the Council’s complaint handling. This is because there is evidence the Council failed to respond to Miss X’s complaints within the timescales set out in its complaints policy. This would have caused Miss X frustration and time and trouble.
We therefore asked the Council to consider remedying the injustice caused by paying Miss X: £500 to recognise the uncertainty caused by the failure to issue a final EHC plan, £100 to recognise the frustration and time and trouble caused by the delays in responding to her complaint.
Agreed action
To its credit, the Council has agreed to resolve the complaint and will complete the above within four weeks of the date of the final decision.
Final decision
We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.
Investigator's decision on behalf of the Ombudsman