Summary: We will not investigate Ms M’s complaint about arrangements for her daughter G’s education because there is not enough evidence of fault to justify an investigation.

The complaint

1. Ms M complains about arrangements for her daughter G’s education.
2. G has an education, health and care (EHC) plan maintained by the Council. Her plan says she shall receive education other than at school (EOTAS). G requires tuition in maths and English, and visits to a stables. Her plan was issued in August 2024 following an appeal to the SEND Tribunal. Before the appeal, Ms M arranged and funded the provision herself.
3. In September 2024, the Council introduced a “portal” through which parents can make the necessary arrangements. Only providers who meet the Council’s quality standards can join.
4. Ms M complained the tutors and stables G had used before the Tribunal decision were not not available through the portal.
5. Ms M complained that other families were allowed to use non-registered providers, and she said the Council’s refusal to allow G the same opportunities was discrimination.
6. Ms M also complained the Council had not allocated sufficient 1:1 support for G to enable her to participate in the education specified in her EHC Plan. She wanted 33 hours per week. Ms M complained she had funded G’s tuition for four years and wanted the Council to pay for the tuition she has arranged during this time.

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The Ombudsman’s role and powers

7. 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:

• there is not enough evidence of fault to justify investigating, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

8. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
9. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

10. I considered information provided by Ms M and the Council.
11. I considered the Ombudsman’s Assessment Code.

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My assessment

12. We cannot consider G’s education when Ms M appealed to the Tribunal. Events before Ms M’s appeal are too old. This means I can only consider what happened after August 2024.
13. The Council encouraged G’s existing providers to register and agreed to refund their costs once they were approved. The Council said it had agreed to fund 33 hours of 1:1 support at the Tribunal.
14. There is not enough evidence of fault to justify an investigation.

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Final decision

15. We will not investigate Ms M’s complaint about arrangements for her daughter G’s education because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman