Summary: Ms X complained that the Council failed to comply with a remedy agreed during a previous investigation by the Ombudsman. We found the Council to be at fault because it took six months for the Council to schedule regular updates about special educational needs provision. This delay caused Ms X frustration. To remedy this injustice, the Council has agreed to apologise and make a modest payment to Ms X.

The complaint

1. Ms X complains the Council failed to provide regular updates about her child’s special educational needs (SEN) provision, as agreed during a previous investigation by the Ombudsman.
2. She says this caused further distress and frustration.

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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 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)
4. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
5. 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)

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What I have and have not investigated

6. I have not investigated Ms X’s ongoing concerns about her daughter’s SEN provision. This is because the Council has not yet had the opportunity to respond to these matters through its complaints procedure.

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How I considered this complaint

7. I considered evidence provided by Ms X and the Council as well as the previous decision statement by the Ombudsman.
8. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

9. In February 2023, Ms X complained to the Council about, amongst other things, its failure to meet her child’s SEN and poor communication.
10. On 18 April 2024, the Ombudsman issued a final decision statement. Within one month, the Council agreed to communicate with Ms X on a monthly basis to update her on her child’s SEN provision and personal budget. This should happen for at least six months.
11. Ms X advised the Ombudsman that the Council failed to honour this commitment.
12. In response to the Ombudsman’s enquiries about this matter, the Council explained:

• it contacted Ms X on 23 October 2024, to schedule a monthly telephone call, starting on 22 November 2024 for six months;
• the delay in setting up this regular contact was not intentional; and
• prior to this, the case worker had monthly scheduled conversations Ms X’s advocate.

Analysis

13. The Ombudsman expects councils to comply with actions agreed during an investigation. Failure to do so can lead to a further investigation and finding of fault. In this case, the Council agreed to pro-actively communicate with Ms X every month to avoid additional frustration and uncertainty over her child’s SEN provision.
14. Having reviewed the case records, I am satisfied the Council did not satisfactorily comply with this requirement.
15. The case records show the case worker contacted Ms X on 24 June 2024. She explained she was “checking that everything is OK”. She invited Ms X to let her know if she needed support with anything. In response, Ms X advised the case worker that she had received professional advice about the need for a further assessment. She made a similar request two weeks later. There is no record of a reply. On 13 August 2024, Ms X contacted the Council’s complaints department about the lack of response to these emails and failure to comply with the Ombudsman’s agreed action.
16. I have only been provided with a note of one conversation with the advocate in October 2024. There are no case records to evidence any regular monthly contact with Ms X’s advocate as claimed by the Council in its response to my enquires. In any event, our recommendation was specific that contact should be with Ms X, not her advocate.
17. Nor am I persuaded by the Council’s position that delay in setting up regular contact was unintentional. This is irrelevant. The Council should have procedures in place to ensure compliance with recommendations made by the Ombudsman within the agreed time frame.
18. My overall assessment is that the Council failed to comply with the action previously agreed. This was fault. I am satisfied this caused Ms X distress and frustration that requires a remedy.

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Agreed action

19. Within four weeks from the date of my final decision, the Council has agreed to take the following action.
1. Apologise in writing to Ms X.
2. Pay Ms X £100 as a symbolic payment to acknowledge her frustration caused by the fault I have identified.
20. The Council should provide us with evidence it has complied with the above actions.

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Final decision

21. I find fault causing injustice. The Council has agreed with my recommendations to remedy the injustice to Ms X.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman