Summary: Mrs X complained the Council delayed carrying out an agreed remedy from a previous Ombudsman investigation in November 2022. The Council had agreed to arrange and carry out an Occupational Therapy (OT) assessment for her daughter, F within one month of that decision. The Council delayed arranging the OT assessment by around six months. It agreed to make a payment to Mrs X to acknowledge the injustice this caused. It also agreed to update us on its action plan to address the shortage of therapists in its area within three months.

The complaint

1. Mrs X complained the Council failed to carry out an agreed remedy from a previous Ombudsman investigation where in November 2022 it agreed to arrange and carry out an Occupational Therapy (OT) assessment for her daughter, F. The Council delayed carrying out this agreed action by six months which has caused frustration and uncertainty for F.

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The Ombudsman’s role and powers

2. 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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
4. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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How I considered this complaint

5. I spoke to Mrs X about her complaint and considered information she provided.
6. I considered information from the Council including its response to my enquiry letter.
7. Mrs X and the Council had the opportunity to comment on the draft decision. I considered comments before making a final decision.

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What I found

What happened

8. In 2023 Mrs X complained to us about the Council’s actions in relation to her daughter, F’s Education, Health and Care (EHC) needs assessment. We found the Council at fault for issuing F’s EHC Plan without up-to-date Occupational Therapy (OT) advice, despite it agreeing to obtain new advice during the assessment. The Council agreed to the following action to remedy the injustice this caused:
• Book and arrange an Occupational Therapy (OT) assessment for F within one month of the final decision date.
9. We issued the final decision on 22 November 2023 which means the Council should have arranged the OT assessment by the beginning of January 2024 at the latest.
10. In May 2024 we started a new investigation as the Council had failed to carry out the agreed action and F was still without an OT assessment.
11. The Council arranged F’s OT assessment and it took place in mid-June 2024. The outcome being to discharge F.

The Council’s response to us

12. The Council accepted it had not arranged an OT assessment for F following our final decision in November 2023. The main reason being it was unable to source an OT to carry out the assessment due to a nationwide shortage of therapists. It has offered Mrs X £500 to acknowledge the frustration and uncertainty caused by the delays.
13. The Council explained the action it has taken to try and rectify the lack of therapists in its area. It said it is:
• collaborating with the Local Integrated Board (ICB);
• commissioning assessment and therapy programs;
• commissioning six OT therapists to work with children via induvial funding arrangements;
• commissioning eight Speech and Language Therapists (SALT) to work with children via induvial funding arrangements;
• working with independent school providers to commission therapy programs; and
• evaluating whether to directly employ therapists given the demand for EHC needs assessments.

My findings

14. Following our final decision in November 2023 the Council should have arranged and carried out F’s OT assessment by January 2024 at the latest. The Council has accepted it failed to do so which was fault. It has offered to pay Mrs X £500 to recognise the frustration and uncertainty this caused. That is an appropriate remedy and in line with our guidance.
15. The Council has explained what action it is taking to address the shortage of therapists in its area. It should provide us with an update on its progress in three months’ time.

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Agreed action

16. Within one month of the final decision the Council agreed to pay Mrs X the £500 already offered to acknowledge the frustration and uncertainty caused by the delay in carrying out our recommendation between November 2023 and June 2024.
17. Within three months of the final decision the Council agreed to provide us with an update on its action plan to address the lack of Occupational and Speech and Language Therapists in its area.
18. The Council should provide us with evidence it has complied with the above actions.

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Final decision

19. I completed this investigation. I found fault and the Council agreed to my recommendations to remedy the injustice caused by the fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman