Summary: We upheld Mrs X’s complaints about delays in the review of her child, Y’s, Education, Health and Care Plan and about the Council’s poor communication. The Council accepted fault and offered a suitable remedy during its complaints process. The Ombudsman also made recent service improvement recommendations in other investigations for similar cases. Therefore, an investigation by the Ombudsman is unlikely to achieve any additional outcome.

The complaint

1. Mrs X complained the Council:
• delayed amending her child, Y’s, Education, Health and Care (EHC) Plan following an annual review in June 2023; and
• failed to communicate with her about the issues she raised.
2. Mrs X says the matter caused her frustration and time and trouble in resolving the issues.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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

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My assessment

7. In late June 2023 Y’s school held an EHC review meeting for Y’s EHC Plan. The Council said it received the minutes of the review in late September 2023.
8. Between January 2024 and June 2024 Mrs X contacted the Council requesting an update about Y’s EHC Plan. Mrs X also complained to the Council about the delays.
9. In mid-June 2024, the Council sent Mrs X a final complaint response. It accepted it failed to amend Y’s EHC Plan following the annual review meeting in June 2023. It also accepted it had failed to communicate with her about the issues she raised. The Council apologised and offered Mrs X a £1,000 symbolic payment for her time and trouble and for the distress caused. The Council said it would finalise Y’s EHC Plan by late June 2024.
10. Mrs X accepted the Council’s offer of a symbolic payment but brought her complaint to the Ombudsman when the Council failed to finalise Y’s EHC Plan.
11. In early July 2024, the Council sent Mrs X a final updated EHC Plan for Y and the symbolic £1,000 payment.

Analysis

12. We uphold Mrs X’s complaint. The Council accepted fault for failing to complete the EHC review process in line with statutory timescales. It also accepted fault for poor communication. It offered an appropriate remedy in line with the Ombudsman’s Guidance on Remedies for the distress, uncertainty, and time and trouble it caused to Mrs X by the delays in the EHC process. It has also sent her Y’s updated final EHC Plan. Therefore, an investigation by the Ombudsman is unlikely to achieve any additional outcome.
13. Furthermore, we have made several recent service improvement recommendations from other investigations regarding EHC Plans for this council. These included reminding officers of the need to adhere to statutory timescales for EHC reviews and the need to maintain communication with parents and carers. Therefore, further investigation by the Ombudsman is unlikely to achieve any additional outcome.

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Final decision

14. We upheld Mrs X’s complaint. The Council resolved the issues complained about through its complaints process, and further investigation is unlikely to achieve any additional outcome.

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Investigator's decision on behalf of the Ombudsman