Summary: Mrs Y complained about the Council’s delay in issuing her son’s Education, Health and Care Plan. We have discontinued our investigation into the complaint. This is because the substantive issues in this complaint have already been investigated, considered and decided by us in a previous complaint.

The complaint

1. The complainant, who I am calling Mrs Y, complains the Council’s delay in issuing her son, who I am calling Z’s, final Education Health and Care (EHC) Plan caused the delay in him attending a suitable school placement. Mrs Y says:

• The EHC Plan should have been issued by February 2020. Because of the delay, she was not able to appeal against the named secondary school until the Plan was finally issued in. July 2021. The appeal hearing, at which the Council agreed to name their preferred special school, did not take place until January 2022;
• Had she been able to appeal in February 2020, Z would have been able to start at their preferred school from September 2020;
• The delay caused Z to miss out on the specialist educational provision he should have received at their preferred school from September 2020 to March 2022. And not being in an appropriate setting affected his mental wellbeing. The situation was also very stressful for her and the rest of the family; and
• The Council should compensate Z for his loss of education and the distress this caused him and the family.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue (end) an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

3. I have spoken to Mrs Y, made enquiries of the Council and considered all the information she and the Council have provided about the complaint.
4. I invited Mrs Y and the Council to comment on a draft version of this decision. I considered their comments before making this final decision.

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What I found

What happened

5. Z has an EHC Plan. The Council should have completed a phase transfer review and issued a new plan naming his secondary school placement by 15 February 2020. It did not do this.
6. The new Plan had still not been issued as at September 2020. As no other placement had been named by the Council, Z had to attend a mainstream secondary school. Mrs Y considered this was unsuitable for Z’s needs and he required a specialist placement.
7. Following professional advice Z could not cope with a mainstream setting, it was agreed with the Council he would attend school on a part-time basis from November 2020.
8. The Council issued a final EHC Plan in July 2021 naming a specialist placement (school A) for Z from September 2021. Mrs Y immediately appealed to the SEND Tribunal against the named placement and requested a place at another special school (school B).
9. Mrs Y complained to us in July 2021 about the Council’s delay in issuing the Plan.
10. In January 2022, the Tribunal ordered (by consent) Z should attend school B.
11. In March 2022 we made a final decision on Mrs Y’s complaint about the delay. We found fault by the Council for not issuing Z’s EHC Plan by February 2020. We recommended, and the Council agreed, to apologise to Mrs Y and Z for the delay in finalising Z’s Plan and pay Mrs Y £750 to recognise the distress and uncertainty this caused.
12. In August 2022 Mrs Y brought this further complaint to us.

My conclusion

13. I consider the substantive issues raised in this complaint have already been investigated, considered and decided by us in the previous complaint.
14. On this basis, I have exercised my discretion to end (discontinue) the investigation into this complaint.

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Final decision

15. I have discontinued my investigation because the substantive issues raised in this complaint have already been investigated, considered and decided by us in a previous complaint.

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Investigator's decision on behalf of the Ombudsman