Summary: We will not investigate Mrs X’s complaint about a lack of education. It is unlikely we could achieve significantly more than the Council has already offered.

The complaint

1. Mrs X complains the Council has failed to provide her child, D, with an education for three years.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation; or
• further investigation would not lead to a different outcome; or
• there is no worthwhile outcome achievable by our investigation or
• it would be reasonable for the person to ask for a council review or appeal; or
  (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

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

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My assessment

6. In October 2022 Mrs X asked the Council to assess her child, D, for an Education Health and Care Plan (EHC Plan). A child or young person with special educational needs may have an EHC Plan. This document sets out the child’s needs and what arrangements should be made to meet them. The Council agreed to assess and produced a final EHC Plan in July 2023. Mrs X says D has been out of education since November 2022.
7. Mrs X initially complained to the Council in which the school D had attended was situated. Mrs X knew she needed to complain to Derbyshire in May 2023. She did so in January 2024. The Council replied in April and June 2024. It offered £9600 for lack of education, £500 for Mrs X’s time and trouble and £500 for distress.
8. Mrs X says she wants D in education. She says the Council has also delayed in the July 2024 EHC Plan annual review.

Analysis

9. Mrs X had a right of appeal of the description of D’s SEN, the special educational provision specified, the school or placement or that no school or other placement is specified in the EHC Plan. If Mrs X believed the EHC Plan does not meet D’s needs then it is reasonable to expect Mrs X to have appealed the EHC Plan after it was published in July 2023.
10. The Council’s offer to remedy Mrs X’s complaint is in line with our remedies’ guidance. It is unlikely that our investigation could achieve more.
11. It is reasonable to expect Mrs X to complain to the Council about the recent annual review issues.

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Final decision

12. We will not investigate Mrs X’s complaint because it is unlikely we would achieve a significantly different outcome.

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Investigator's decision on behalf of the Ombudsman