The Ombudsman's final decision
Summary: We will not investigate Mr 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
Mr 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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains about a delay in issuing an EHC Plan. His child, B had an EHC Plan. B was due to start the next phase of education in September 2024. This means their EHC Plan should have been amended by 15 February 2024. It was not until 17 July 2024. Mr X then appealed to the Tribunal.
If we were to investigate it is likely we would find fault causing the complainant injustice because the Council failed to meet the EHC Plan regulations and this delayed Mr X’s appeal rights.
Agreed action
The Council has previously set out to us its action plan to deal with the problems it has with EHC Plan delays.
The Council has agreed to a symbolic payment of: £500 to reflect the delayed appeal rights injustice of uncertainty and frustration.
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 Mr X.
Investigator's decision on behalf of the Ombudsman