Summary: We have upheld Mrs X’s complaint about delays in the Education, Health and Care needs assessment process for her child, Y. The Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mrs X complained about how the Council handled her child Y’s Education, Health and Care (EHC) needs assessment. She said it failed to arrange an Educational Psychologist assessment six months after agreeing to assess Y, despite her follow-ups. She also said the Council did not respond to her complaints within its stated timeframe.
2. Mrs X believes the delay has harmed Y’s education and caused the family avoidable distress. She wants the Council to urgently issue Y’s EHC Plan, improve response times by hiring more staff, and provide financial compensation.

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The Ombudsman’s role and powers

3. 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 an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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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 investigated this complaint, it is likely we would find fault because in its complaint response to Mrs X, the Council accepted it had delayed completing Y’s EHC needs assessment. It apologised to Mrs X and said the delay was caused by a shortage of Educational Psychologists (EPs).
7. The Ombudsman’s approach is that, although we acknowledge there is a national shortage of EPs, a failure to complete the EHC needs assessment process within the statutory timescales is fault. Where we are satisfied the Council has plans in place to address the lack of EPs, we would likely find fault due to “service failure”. Service failure can happen when an organisation fails to provide a service as it should have done due to circumstances beyond its control.
8. During a recent investigation by us about similar matters, the Council provided evidence of the actions it is taking to address the shortage of EPs. As a result, further investigation is unlikely to result in additional recommendations because the Council is already acting to resolve the issues.
9. We therefore asked the Council to consider resolving this complaint by providing a remedy for the uncertainty and distress caused to Mrs X by the delays. The Council accepted our invitation.

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Agreed action

10. Within one month of my final decision, the Council has agreed to:
• write to Mrs X and apologise for the avoidable distress and uncertainty caused by the delays in the EHC process; and
• pay Mrs X £550 for the delay from 29 July 2024 until end of February 2025.
11. It will then pay Mrs X £100 per month until it issues an appealable decision. This remedy is in line with our Guidance on Remedies.
12. The Council will calculate and pay this remedy to Mrs X within one week of sending her either the decision letter (if the decision is not to issue) or the final EHC Plan.

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Final decision

13. We have upheld Mrs X’s complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman