Summary: We will not investigate this complaint about the Council’s failure to complete an annual review of Mrs X’s son’s Education, Health, and Care plan within the statutory timescales, and of poor communication and delays regarding her request for a personal budget. This is because an investigation would not lead to a different outcome.

The complaint

1. Mrs X complains the Council failed to complete an annual review of her son’s Education, Health, and Care (EHC) plan within the statutory timescales. She also complains about poor communication and delays regarding her request for a personal budget.

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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 an investigation if we decide an investigation would not lead to a different outcome. (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. Mrs X’s son, Y, has an EHC plan.
6. During its complaint investigation, the Council noted the annual review of Y’s EHC plan should have been completed by November 2022. The Council said it had scheduled an annual review in April 2022, but Mrs X had cancelled this and only contacted the Council in September 2022 informing it of her available dates for the annual review.
7. However, the Council accepted it could have done more to chase Mrs X for a response between April and September 2022. The Council accepted it delayed in completing the annual review as the review was not held until January 2023. The Council has offered Mrs X a financial remedy of £250 to recognise the frustration and uncertainty caused by the delay.
8. With regards to the personal budget, the Council noted it had originally refused Mrs X’s request in November 2022. Mrs X appealed this decision. In February 2023, following receiving the annual review paperwork, the Council agreed to the original request. The Council has since agreed to provide a personal budget to cover math tuition (including 14 sessions backdated) and counselling.
9. An investigation is not justified as an investigation would not lead to a different outcome. This is because the Council has taken appropriate action to remedy the injustice caused. It is acknowledged the delay in completing the annual review likely delayed the Council’s decision to agree to the requested personal budget for math tuition. However, the Council has recognised this and agreed to pay for backdated sessions.
10. The Council also appropriately offered Mrs X £250 to recognise the distress and uncertainty caused by the delay. This offer is in line with the Ombudsman’s guidance on remedies. I am satisfied no further remedy is warranted in the circumstances.

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Final decision

11. We will not investigate Mrs X’s complaint because an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman