Summary: We will not investigate Ms X’s complaint that the Council held a review of her son’s Education Health and Care Plan without either of them present. There is not enough evidence of fault or injustice to warrant investigation.

The complaint

1. Ms X said the Council held a review of her son’s Education Health and Care (EHC) Plan without either of them present. She said this caused her distress.

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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 we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I read Ms X’s complaint. I gave her an opportunity to comment on a draft decision.

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What I found

4. During a previous investigation (19 005 631), it became clear the Council had failed to hold a review of Ms X’s son’s EHC Plan within a year of the previous one, as it should have done. By the time we decided the case, the Council had carried out the review.
5. Ms X and her son did not attend the review. She said the Council did not give her sufficient notice. The Council said she was unable to make either of the dates it proposed, and there were no other dates all parties could attend.
6. Given the review was already late and that Ms X was unable to attend two dates, it was reasonable for the Council to hold it without her being present. Not doing so would have created yet further delay.
7. It is also clear from the complaints correspondence that the Council accepted promptly after the review that it would need to amend Ms X’s son’s EHC Plan. It is currently doing so, and Ms X has had an opportunity to comment on a draft EHC Plan. She will also have a right of appeal if she is dissatisfied with the final Plan when the Council has considered her response to the draft. She has therefore not lost any opportunity to have a new EHC Plan written or to influence what provision is eventually specified for her son.

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Final decision

8. We will not investigate this complaint. This is because there is not enough evidence of fault causing injustice to warrant investigation.

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Investigator's decision on behalf of the Ombudsman