Summary: Mr and Mrs P complained the Council failed to seek their comments during their daughter’s Education Health and Care plan review and did not consider their complaint about the matter fully. They also complained the Council did not respond to their request to de-register their daughter from her Special Educational Needs school. The Ombudsman will not consider this complaint as it is unlikely investigation would add to the Council’s previous investigation.

The complaint

1. Mr and Mrs P complained the Council failed to seek their comments during their daughter’s Education Health and Care plan review and did not consider their complaint about the matter fully.
2. Mr and Mrs P also complained the Council did not respond to their request to de-register their daughter from her current Special Educational Needs school. They say these issues have been extremely stressful and draining.

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The Ombudsman’s role and powers

3. 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 we could add to any previous investigation by the Council (Local Government Act 1974, section 24A(6), as amended).
4. A child with special educational needs may have an Education, Health and Care (EHC) plan. This sets out the child’s needs and what arrangements should be made to meet them.
5. SEND is a tribunal that considers special educational needs (The Special Educational Needs and Disability Tribunal (‘SEND’)).

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How I considered this complaint

6. I have considered all the information Mr and Mrs P provided. I have also considered the Council’s response. I have written to Mr and Mrs P with my draft decision and considered their comments.

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What I found

7. Mr and Mrs P sought a review of their daughter’s EHC plan in 2019. The Council arranged a meeting for Mr and Mrs P to give their comments. The Council reviewer issued the review outcome before receiving Mr and Mrs P’s comments.
8. ‘Special educational needs and disability code of practice: 0 to 25 years’ (the Code) is statutory guidance for councils which states “Local authorities must consult the child and the child’s parent or the young person throughout the process of assessment and production of an EHC plan.”
9. After receiving the review outcome, Mr and Mrs P made the Council aware it had not considered their comments, and this is against the Code. The Council considered their comments and sent a new outcome letter to Mr and Mrs P.
10. Before the Council sent the new outcome to Mr and Mrs P, they appealed the original decision at SEND. The Tribunal process is not yet completed but has recommended the Council fund a new school placement for Mr and Mrs P’s daughter.
11. Mr and Mrs P are satisfied with the outcome of the Tribunal and the Council has apologised for failing to seek their comments during the review. The Council says the mistake was the result of a communication error.
12. As Mr and Mrs P have received their desired outcome from the Tribunal it is unlikely investigation would achieve anything further. For this reason, it is also unlikely investigation would add further to Mr and Mrs P’s complaint about the Council not acting on their request to de-register their daughter from her current school.
13. I do not consider investigating Mr and Mrs P’s complaint about the Council’s response to their complaint is a good use of public funds. This is because the Ombudsman should not consider complaints about complaint procedures when the substantive issue is not being looked at.

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Final decision

14. The Ombudsman will not investigate this complaint. This is because it is unlikely investigation would add to the Council’s previous investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman