Summary: We will not investigate this complaint that special educational needs provision for the complainants’ children is not being met. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, who I will call Mrs X, complains that the provision in Section F of her children’s Education Health and Care (EHC) plan is not being met since their school changed to an academy.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We cannot investigate complaints about what happens in schools unless it relates to special educational needs, when the schools are acting on behalf of the council to secure educational provision as set out in Section F of the young person’s Education, Health and Care Plan.

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mrs X has two children who both have EHC plans which detail how their Special Educational Needs (SEN) will be met in school. The children’s school changed to an academy in September 2022. Mrs X complains that changes to the school’s curriculum and other changes mean her children’s SEN provision is not being met.
7. I cannot investigate changes the school has made to its curriculum. This is because we are unable to investigate the internal management of schools. Responsibility for ensuring provision in EHC plans is met is the responsibility of the Council.
8. In responding to Mrs X’s complaint the Council said that since becoming an academy the school had made a number of changes, including to how it delivers some of the provision in her children’s EHC plans. The Council had reviewed these changes and concluded that the changes made by the school were within the service level agreement with the Council.
9. The Council acknowledged that a specialist teacher had left but that this role was being covered temporarily by another teacher and that a new specialist teacher has now been recruited. The Council checked with the Special Educational Needs Coordinator at the school (SENCO) about the provision detailed in the children’s plans and found that full SEN provision had been met, and at times the provision exceeded that in their EHC plans.
10. I will not investigate Mrs X’s complaint. This is because there is insufficient evidence of fault by the Council. The Council is required to ensure the provision in EHC plans is arranged. It takes the view that the school is capable of delivering the provision despite the changes made since becoming an academy. It has also taken reasonable steps to check that the provision is in place and explained to Mrs X how this is being met. These are conclusions the Council is entitled to make and it has done so without evidence of fault. The Ombudsman will not intervene to criticise its professional judgement or to substitute an alternative view.

Back to top

Final decision

11. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman