A non-verbal Autistic boy was left without the specialist education support he needed to help him communicate for more than a year because of faults by City of York Council, a Local Government and Social Care Ombudsman report has found.

The boy uses a sign, symbol and speech system called Makaton to communicate with the world around him, along with other methods such as pointing to objects and gestures.

The Ombudsman's investigation into a complaint from the boy’s family found the council failed in its legal duty to make sure the boy's teaching staff were properly trained in Makaton. His Education, Health and Care (EHC) Plan states it was necessary for every member of staff in his classroom be trained to levels three and four.

For more than a year, the Ombudsman found either no staff member, or at most one, held the level of qualification required. Training was patchy and slow, with staff still learning Makaton while they were teaching the boy.

The council argued the impact was reduced because staff were using other approaches, including gestalt language processing, as part of a broader "total communication" method. The Ombudsman did not agree.

The Ombudsman also had concerns about the way the council handled the family's complaint. It took too long to issue a formal response, and the mother was repeatedly left chasing for updates, at one point even being asked by the council to confirm herself whether the problems had been fixed.

When the boy’s mother complained, the council arranged and paid for Makaton training and offered the family a substantial financial remedy. The Ombudsman welcomed this but said it still did not reflect the significance of what the family had been through and recommended a further payment.

Julie Odams, Chief Executive at the Local Government and Social Care Ombudsman, said:

“A legal duty to a disabled child is not something a council can work around. If an EHC Plan says a child needs Makaton to communicate, finding other ways to navigate the school day is not good enough. That duty was non-delegable and absolute.

“I recognise City of York Council had taken steps to put things right before the family approached us. Unfortunately that doesn't change the fact that for more than a year, a little boy who relies on Makaton to be understood was left without it.

“Every council holding an EHC Plan should check provision is in place when the plan starts, check it every year, and act quickly when someone raises a concern. That is how councils can be sure a child is getting the support their EHC Plan expects."

The Local Government and Social Care Ombudsman remedies injustice and shares learning from investigations to help improve public, and adult social care, services. In this case the council has agreed to apologise and make a payment to the mother to reflect the missed educational provision.

The Ombudsman has the power to make recommendations to improve processes for the wider public. In this case the council will review its procedures for checking that provision specified in an EHC Plan is in place from the start of a new or amended Plan, create an action plan to reduce delays in Makaton training and increase its commissioning of trainers.

The Scottish Public Services Ombudsman (SPSO), Paul McFadden, has today published the SPSO annual report for 2025-26, reporting a further record rise in complaints about public services and highlighting increasing strain on the complaints system.

The Ombudsman has reported an unprecedented 31% rise in complaints compared to the year before, with the number of people seeking SPSO’s help increasing to a historic high of 6,500. 

Nearly three quarters of complaints received relate to health, social care and local authority services. However, for the first time in recent years, complaints about local authority services accounted for the largest proportion of complaints, making up around 33% of all complaints received.

The SPSO has continued to meet this growing demand through large increases in efficiency, streamlined and proportionate approaches to complaints, and improvements in how it explains decisions. 

Across 2025-26, the organisation increased the number of its complaints decisions by 17% compared to the previous year, following similar levels of increase in recent years. This brings the increase in its output to nearly 50% over 6 years.

Whistleblowing concerns and contacts from NHS staff also increased by a third, to their highest levels since the Independent National Whistleblowing Service was established in 2021. Whistleblowing investigation times reduced by around a quarter. 

Despite these achievements, the accelerating growth in complaints continues to outstrip the organisations’ ability to investigate and respond to complaints in a timely way. The Ombudsman has highlighted his concerns over a substantial and growing gap between demand and capacity and SPSO’s ability to sustain levels of service. 

He also comments on the drivers of increased complaints, with growing numbers reflective of public service pressures and a consistent pattern seen by other Ombudsman throughout the UK. 

The increasing use of Artificial Intelligence tools to generate complaints is a significant contributing factor, bringing changes in the number, nature and complexity of complaints. While these tools can help citizens articulate concerns, understand their rights and access complaints processes more easily, they are also, more often, generating submissions that are longer, containing information not relevant to the circumstances of their complaint, or taking the complaint away from the root issue.

Reflecting on the year’s performance, Paul McFadden, Scottish Public Services Ombudsman, said:

"SPSO has responded effectively to the challenges placed on our service, delivering record levels of complaints decisions and demonstrating significant resilience and agility to continue to change and evolve how we deliver our service. 

However, the upward trend in complaints is continuing through 2026-27 and brings risks to delivery and growing wait times.

As these pressures increase, we continue to evolve how we work, focusing our resources and new technologies where there is the greatest need, the most significant public interest and the highest risk of injustice.

In the midst of these pressures, we must not lose sight of SPSO’s wider value to public service improvement with insights from complaints having an essential contribution to make to prevention and seeking to retain the trust and confidence of the public.”

The Care Quality Commission (CQC) has today published it's annual State of Care report.

The report assesses health care and adult social care in England. This year's report highlighted inequalities across the system leading to fractured care. 

Paula Sussex CBE, Public Service Ombudsman, said:

"The concerns raised by the CQC; fragmented care, lengthy waiting times amid rising demand for services – particularly in mental health, and regional variations in care are all sadly familiar from Ombudsman investigations. Our evidence has found that the root cause of these issues is often the way in which services are designed, organised, and delivered. 

“To improve people’s access to and experience of care, we need to see improvements in the way that public services are designed around the needs of people who use them and improvements in the way that their experience of the service can be heard and acted on.”

Ombudsman schemes matter because they give people a voice and provide an alternative route to justice.

Ombuds Day 2026 provides an opportunity to celebrate the value of Ombudsmen with our colleagues across the UK and Ireland.

The Government has today published its independent review into mental health conditions, ADHD and autism. It found that 

Ombudsman Paula Sussex said:

“The Government’s independent review provides an important opportunity to consider how the system responds to rising demand for mental health, ADHD and autism services. Right now, the system is too complex and inconsistent. Our recent report on improving ADHD and autism services found people facing long waits, confusing pathways and inconsistent access to care. This has been mirrored in the findings of the Government’s review.

“Many of the recommendations from our report are reflected in the Government’s review, in particular our call for diagnostic only assessment providers to be regulated by the CQC, updated NICE guidelines, improved data collection and digital tools. The focus must be on delivering quality, sustainable services with people at their heart, including via a Right to Choose pathway that can meet demand. I look forward to working with the Department of Health and Social Care and NHS England as they take forward the review’s findings.”