Summary: We will not investigate this complaint about the time taken to issue an Education Health and Care Plan. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The personal injustice is not significant enough to warrant an investigation.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained about the time taken to issue her son’s Education Health and Care Plan (EHCP). Mrs X says the delay caused avoidable stress. Mrs X is also unhappy with the way the Council dealt with her complaints and says she had to chase it for responses.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not start an investigation into Mrs X’s complaint.
6. The Council should have issued her son with a final EHCP by 13 July 2022. The Council eventually issued the EHCP on 16 September. While frustrating for Mrs X, the delay of around two months included the summer holidays. The personal injustice is not therefore significant enough to warrant an investigation.
7. In its responses to Mrs X’s complaints the Council apologised for the delay. I understand Mrs X is unhappy with the way the Council dealt with her complaint. But it is unlikely we could add anything to the Council’s response. It is also not a good use of our resources to investigate complaint handling if we are not going to look at the matter which led to the original complaint. This applies here.

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Final decision

8. We will not investigate Mrs X’s complaint because the personal injustice is not significant enough to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman