Summary: We will not investigate this complaint about delay by the Council in issuing an Education Health and Care Plan. There is not enough evidence of fault by the Council to warrant investigation.

The complaint

1. Mr X said the Council delayed issuing an updated Education Health and Care (EHC) Plan for his child after a review meeting.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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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. The correspondence I have seen shows the Council issued a final EHC Plan within the timescale required by guidance.

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Final decision

6. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman