The Ombudsman's final decision
Summary: We upheld Miss X’s complaint about delays in the Education, Health and Care Plan process regarding her children, Y and Z. The Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
The complaint
Miss X complained about delays in the Education, Health and Care (EHC) needs assessments of her children, Y and Z.
Miss X says the matter has caused her distress and uncertainty.
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).
Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
If we investigated this complaint, we would likely find fault because: Miss X asked the Council to complete an EHC needs assessment of Y and Z in September 2023. The Council agreed to complete an EHC needs assessment of both children, but it was delayed in completing the assessments.
If the Council decided not to make an EHC Plan for either child, it should have made the decision within 16 weeks of the original request by 29 December 2023. If the Council decided to make an EHC Plan for either child, it should have made the final EHC Plan(s) within 20 weeks of the original request by 26 January 2024.
In its complaint response to Miss X, the Council accepted it had delayed completing the EHC needs assessments. It explained the reason for the delay was caused by a shortage of Educational Psychologists (EPs).
The Ombudsman’s approach is that, although we acknowledge the national shortage of EPs, a failure to complete the EHC needs assessment process within the statutory timescales is fault. Where we are satisfied the Council has plans in place to address the lack of EPs, we would likely find fault due to “service failure”. Service failure can happen when an organisation fails to provide a service as it should have done due to circumstances beyond its control.
During a recent investigation by us about similar matters, the Council provided evidence of action it has taken to address the shortage of EPs. As a result, further investigation is unlikely to result in additional recommendations because the Council is already acting to resolve the issues.
We therefore asked the Council to consider remedying the injustice caused to Miss X by the delays.
Agreed action
The Council agreed to the following actions: write to Miss X and apologise for the frustration and uncertainty caused by the delays in the EHC process; and if the decision is not to make an EHC Plan: pay Miss X £100 per month of delay, per child, calculated from 29 December 2023 until the decision letter is sent; OR if the decision is to make an EHC Plan: pay Miss X £100 per month of delay, per child, calculated from 26 January 2024 until the final EHC Plan is sent.
The Council agreed to complete the above actions within one week of the appealable decision being sent to Miss X (either the decision not to make an EHC Plan, or a final EHC Plan being sent) per child.
Final decision
We upheld this complaint because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X. It is also acting to improve its service for others.
Investigator's decision on behalf of the Ombudsman