Suffolk County Council (20 010 718)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 18 Feb 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s refusal to arrange medical services as it is not responsible for the issue being raised.
The complaint
- Mr J complains the Council told him to arrange health professionals to contribute to his Education, Health & Care Plan (EHCP) and he does not wish to be the gateway for those involved in his plan to communicate.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
How I considered this complaint
I read the complaint and the Council’s responses. I spoke with Mr J and considered his comments on the draft decision.
What I found
- Mr J complained to the Council in November 2020 that it told him to arrange assessment or support from health care professionals if he wants them to be a part of his EHCP. He strongly objects to this as he does not want to be the gateway for communication between the Council and health care professionals. Mr J wants the Council to arrange a mental health assessment as part of his EHCP.
- The Council said it always includes health advice from professionals when making or reviewing an EHCP, but understands Mr J is not currently receiving health services. It has correctly said the EHCP review is not a route or gateway into new or extra health services and Mr J should contact his Doctor if he needs medical support.
- The Special Educational Needs and Disability Code of Practice, paragraph 9.49, says the Council must seek advice and information from health care professionals with a role in relation to the child or young person’s health.
- The Council is not responsible for arranging medical assessments as part of an EHCP. Mr J can arrange this by speaking to a GP or using other NHS services.
Final decision
- We cannot investigate this complaint because the Council is not responsible for arranging medical assessments as part of an EHCP.
Investigator's decision on behalf of the Ombudsman