The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about delays in producing an Education Health and Care Plan as the Council has agreed to a proportionate way to resolve the complaint.
The complaint
Mrs X complains the Council avoidably delayed in assessing and producing an Education Health and Care Plan (EHC Plan).
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 a council 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 Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complains about delays in the EHC Plan process. She says she requested an EHC Plan needs assessment for their child B in June 2023. She says the Council issued the final EHC Plan in April 2024. She says this delay caused them time and trouble and distress.
If we were to investigate it is likely we would find fault causing the complainant injustice because the EHC Plan was not produced within the Regulations timescale. It was five months late.
Agreed action
The Council has previously set out to us its action plan to deal with the problems it has with appointing educational psychologists and EHC Plan delays.
The Council has agreed to a symbolic payment of: Pay Mrs X £500 for the problems (distress, uncertainty and frustration) by the delay.
This is a suitable remedy for the frustration and uncertainty caused by the delay.
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 Mrs X.
Investigator's decision on behalf of the Ombudsman