Summary: We will not investigate this complaint about the Education, Health and Care plan process. This is because the Council has agreed to an appropriate remedy for the injustice caused by the delay.

The complaint

1. Mr X complained about delay in the Education, Health and Care Plan (EHC Plan) process. Mr X says the Council failed to meet the relevant timescales in the SEN Code of Practice.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(1), as amended)
3. 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)
4. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted)

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X asked the Council to assess his child for an EHC Plan on 24 April. If the Council decided to assess Mr X’s child, it should have made the decision by 05 June - week 6 of the process. The Council did not take a decision until 04 August when it declined to assess Mr X’s child. The Council’s decision was two months late.
8. The Council has accepted it has taken longer than it should to complete the process due to an administrative error. This has caused Mr X frustration and distress.
9. The Council has previously assured the Ombudsman of the actions it is taking to address issues with the EHC Plan process.
10. We therefore asked the Council to remedy the injustice caused by making a payment to Mr X to resolve the complaint early. The Council has agreed to pay £200 in recognition of the injustice caused by the delay. The Council should make the payment within four weeks of this decision.
11. The Council has agreed a suitable remedy and is taking to steps to address issues with the EHC Plan process. We will not therefore investigate.

Back to top

Final decision

12. We will not investigate Mr X’s complaint because the Council has offered a suitable remedy for the identified injustice.

Back to top

Investigator's decision on behalf of the Ombudsman