Summary: We have upheld this complaint because the Council delayed carrying out an Education Health and Care needs assessment for a child. The Council has agreed to resolve the complaint by offering to make a suitable payment to the complainant to remedy the injustice this cause.

The complaint

1. Mrs X complains that the Council has delayed completed an Education Health and Care (EHC) needs assessment for her child.

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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. 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

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

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My assessment

6. If we were to investigate this complaint it is likely that we would find fault. This is because the Council has delayed completing its EHC needs assessment. It says this is due to the national shortage of Educational Psychologists.
7. We have recently upheld other complaints about delays with the Council completing EHC needs assessments due to the national shortage of Educational Psychologists and we are satisfied that the Council is taking steps to resolve this issue, and so have therefore not recommended anything further recommendations in regards to this point. 
8. However, the delays have caused Mrs X distress in the form of frustration and uncertainty. Whilst the Council has apologised to Mrs X, I don’t consider that this fully remedies the injustice the delays have caused her.
9. I therefore recommended that the Council writes to Mrs X within one month to offer her a payment of £1100 to remedy the distress this has caused to date. I also recommended that the Council offers to make a further payment to Mrs X once it makes an appealable decision, either not to issue an EHC Plan or when an EHC Plan is issued. This payment should be calculated at £100 per month from the date of this decision until the date of the appealable decision. To its credit, the Council agreed to my recommendations.

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Final decision

10. We have upheld Mrs X’s complaint. The Council has agreed to resolve the matter by providing a suitable remedy.

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Investigator's decision on behalf of the Ombudsman