Summary: There was fault by the Council. The Council failed to provide literacy and numeracy intervention specified in an Education, Health and Care Plan. Ensuring the tuition is provided, an apology and a financial payment remedies the injustice.

The complaint

1. The complainant, who I shall call Mrs X, complains the Council has not provided the 1-1 literacy and numeracy intervention specified in an EHC plan from July 2022 onwards.
2. Mrs X says that this has made her stressed and affected her son.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended).
4. 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)
5. 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

6. I read the papers put in by Mrs X and discussed the complaint with her.
7. I considered the Council’s comments about the complaint and any supporting documents it provided.
8. Mrs X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

9. The Council has said that it has no evidence the 1-1 literacy and numeracy intervention specified in an EHC plan from July 2022 onwards was provided. This was fault.
10. The Council has said it has approached 3 tutors from the British Dyslexia Association to provide the tuition in the future. The Council has proposed a financial remedy of £3600 for the lost tuition to remedy the complaint. I consider this is a satisfactory remedy.

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Agreed action

11. Within one month of the date of the decision on this complaint the Council should:
• Apologise to Mrs X. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Write to Mrs X to explain how the tuition will be provided in the future.
• Pay Mrs X £3600.
12. The Council should provide us with evidence it has complied with the above actions.

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Final decision

13. I have completed my investigation of the complaint. This is complaint is upheld, as there has been fault by the Council. The actions outlined above remedy the injustice to Mrs X.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman