Summary: We will not investigate this complaint about educational provision for the complainant’s son. This is because the complaint has already been substantially upheld and our intervention would achieve nothing significant.

The complaint

1. The complainant, who I will refer to as Mrs X, complains that the Council failed to provide suitable educational provision for her son.

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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. Mrs X’s son, who I will refer to as Y, has special educational needs and an Education Health and Care Plan. Y was registered at a mainstream school but was educated off site until July 2022. Ms X complained that the Council failed to ensure that Y was provided with appropriate education between January and July 2022. She further complained that the Council had been at fault in the way it had communicated with her regarding Y’s removal from the provision.
6. Mrs X made a formal complaint to the Council. She subsequently complained that the Council failed to respond to her representations about factual inaccuracies in a letter the Council sent to her MP.
7. The Council substantially upheld Mrs X’s complaint. It offered her its apologies and a payment of £1050 to reflect the fault on its part.
8. We will not investigate Mrs X’s complaint because we could achieve nothing significant by doing so. The key aspects of the complaint were upheld and do not therefore require reconsideration by the Ombudsman. The Council’s apology and financial remedy are reasonable in the circumstances of the case and our intervention is not warranted.
9. In her complaint to the Ombudsman, Mrs X has raised matters which took place since the Council made its final response. These have not formed part of our consideration of this complaint. Mrs X may wish to put them to the Council in the first instance.

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Final decision

10. We will not investigate Mrs X’s complaint because our intervention would achieve nothing significant.

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Investigator's decision on behalf of the Ombudsman