Summary: The Ombudsman will not investigate Mrs B’s complaint that the Council failed to provide appropriate support for her daughter’s special educational needs. This is because investigation would achieve nothing significant in addition to the action the Council has already taken.

The complaint

1. The complainant, who I will refer to as Mrs B, complains that the Council has failed to provide appropriate support for her daughter's special educational needs and failed to respond properly to her complaints.

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The Ombudsman’s role and powers

2. 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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered what the complainant has said in support of her complaint and relevant correspondence from the Council.

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What I found

4. Mrs B’s daughter has special educational needs and an Education Health and Care Plan (EHCP). She complains that the Council delayed reviewing the ECHP and delayed making appropriate provision for her daughter. She also says the Council failed to respond properly to her complaints about its failure to make provision.
5. Mrs B and her daughter have now moved out of the authority’s area. The new authority now has responsibility for making any appropriate provision for Mrs B’s daughter.
6. The Council says, and Mrs B confirms, that the parties have agreed that the Council will pay Mrs B £2625 in settlement of the complaint. In addition, the Council will liaise with the new home authority to ensure it is aware of Mrs B’s daughter’s situation. The Council has confirmed to the Ombudsman that it has now carried these actions out. In the circumstances, investigation by the Ombudsman would achieve nothing further.

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Final decision

7. The Ombudsman will not investigate Mrs B’s complaint. This is because investigation would achieve nothing significant in addition to the action the Council has already taken.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman