South Gloucestershire Council (21 006 374)

Category : Education > Special educational needs

Decision : Not upheld

Decision date : 10 Jan 2022

The Ombudsman's final decision:

Summary: We stopped investigating Miss X’s complaint about her son’s education because it is reasonable for the Council to conclude its independent investigation of her complaint.

The complaint

  1. Miss X complained about the way South Gloucestershire Council (the Council) dealt with her son Y’s special education provision. She complained about delays in the Education, Health and Care Plan process and about incorrect information being on Y’s plan. Miss X said this had a negative impact on Y as it delayed his return to school and he did not get the education he required.

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The Ombudsman’s role and powers

  1. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to continue with an investigation if we decide it would be reasonable for the person to ask for a council review. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered Miss X’s complaint to us, the Council’s response to her complaint and information from Miss X and the Council.I discussed the complaint with Miss X on the phone.
  2. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

  1. Y has special educational needs and has an Education, Health and Care Plan (EHC plan). He also has support from the Council’s children’s services as he is placed with foster carers.

Miss X’s other complaint about children’s services

  1. Miss X complained separately (in November 2020) about issues to do with the Council’s children’s services department. The Council failed to respond so Miss X asked us to investigate. We issued a final decision about the children’s services complaint in August 2021 (reference 21005651) with the Council’s acceptance of fault in complaint handling and an agreement that it would respond to her complaint about children’s services within one month. It did so.

Miss X’s complaint about the EHC plan

  1. Miss X complained to the Council in January 2021 about Y’s ECH plan. The Council responded to the complaint about the EHC plan in February 2021. It upheld some, but not all Miss X’s complaints. Miss X was unhappy and in March she asked the Council to provide a further response, but it did not. Miss X complained to us at the end of July.
  2. Since the complaint to us, the Council has appointed an independent investigator to investigate Miss X’s complaints about children’s services at the second stage of the complaints’ procedure (see paragraph six). The Council and Miss X confirmed the complaint about Y’s EHC plan would also be covered in the independent stage two investigation.
  3. Miss X told me she had a virtual meeting and had received a satisfactory statement of complaint from the independent investigator which included all the issues.
  4. The Council told me it aimed to complete the investigation report and adjudication by the middle of March 2022.

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Final decision

  1. I stopped investigating Miss X’s complaint because it is reasonable to wait for the outcome of the Council’s independent investigation.
  2. Miss X can come back to us in March 2022 if she is unhappy with the outcome of the independent investigation or if there is delay by the Council and we will consider an LGSCO investigation.

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Investigator's decision on behalf of the Ombudsman

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