Summary: We will not investigate Mrs X’s complaint about the Council’s failure to provide for her child’s special educational needs. It is unlikely we would find fault.

The complaint

1. The complainant, whom I shall call Mrs X, says the Council has failed to provide educational support and equipment to her child who has a hearing impairment.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by 'maladministration' and 'service failure'. I have used the word 'fault' to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. 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 would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
•  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

4. I considered the information Mrs X provided with her complaint and the Council’s replies to her which it provided. Mrs X had the opportunity to comment on a draft version of this decision.

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What I found

5. Mrs X has a child, D, who is now in Year One at a fee paying independent school. D has hearing difficulties. D has had hearing aids since birth. D had hearing support equipment in class for pre school and Reception. This stopped when D started in Year One. Mrs X believes D would still receives this if D attended a state school. She believes it is unfair and wrong that because D attends a fee paying independent school the equipment and support is not provided by the Council.
6. The Council says specialist teacher support and equipment is only available beyond early years provision to children who have an Education Health and Care Plan (EHC Plan). A child with special educational needs may have an EHC plan. This sets out the child’s needs and what arrangements should be made to meet them. The Council is responsible for making sure that arrangements specified in the EHC plan are put in place.
7. D does not have an EHC Plan and the Council says that D is not therefore eligible.

Analysis

8. It is unlikely our investigation could find any fault which has caused D or Mrs X an injustice. The Council has no legal duty to provide education equipment or support for special needs to children in private schools unless the child has an EHC Plan.

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Final decision

9. We will not investigate this complaint. This is because it is unlikely we would find faut.

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Investigator's decision on behalf of the Ombudsman