Summary: Ms M complains about her dealings with the Council in connection with her daughter G’s education. I cannot resolve a disagreement about G’s education, and I cannot add to the Council’s complaint response.

The complaint

1. Ms M complains about her dealings with the Council in connection with her daughter G’s education.
2. Ms M says her complaints concern poor communication and delay.
3. Ms M is unhappy the Council has only agreed a personal budget for one term and not for twelve months, which she says causes uncertainty.

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The Ombudsman’s role and powers

4. 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 may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I have considered information provided by Ms M and the Council. I invited Ms M and the Council to comment on my draft decision.

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What I found

6. Ms M’s daughter G has an Education, Health and Care (EHC) Plan maintained by the Council. She currently receives education other than at school (EOTAS). Her EHC Plan includes a personal budget to fund the provision.

Ms M’s complaint about poor communication

7. Ms M says her complaint concerns poor communication by the Council. She says the Council has refused to answer ‘reasonable questions’ and specify the legislation or policy on which it has based decisions concerning G’s provision.
8. The decisions in question are the Council’s decision not to fund a laptop capable of running Photoshop software, and the Council’s decision not to fund education for G during the summer holiday.
9. Ms M explained that G is interested in photography. Her EHC Plan says that her education should be led by her interests. She also explained the importance of continuity and the challenges posed by the long summer school holiday.
10. In respect of Ms M’s request for a laptop capable of running Photoshop, the Council said G is currently accessing a wide range of provision, much of which is new to her. The Council wishes to understand how well the current provision works before introducing new provision. The Council says Photoshop is not specified in G’s Plan.
11. In respect of provision during the summer holidays, the Council said it does not provide education during school holidays. Ms M and the Council have discussed ‘short breaks’ provision, which is ‘social care’ rather than ‘education’, but Ms M does not consider this appropriate.
12. There appears to be disagreement between Ms M and the Council about G’s education and special educational provision. Ms M describes this as ‘poor communication’ because she is not satisfied by the Council’s explanations. However, it essentially comes down to a disagreement about G’s education.
13. I am unable to help. The Council has given reasons for its decisions and, while I note Ms M disagrees, the Ombudsman cannot question the Council’s decisions as they were made without fault. I have neither the authority nor the expertise to decide questions about G’s education or special educational provision. I cannot add to the Council’s complaint response.
14. These may be questions the SEND Tribunal could decide where they concern matters that could be specified in G’s EHC Plan.

Ms M’s complaint about delay

15. Ms M complains about delays by the Council. She says she set out proposals for a personal budget, at the Council’s request, in March. The Council agreed a personal budget, but only until the end of the summer term. When Ms M complained to us, the Council had not yet agreed a personal budget for the start of the new school year in September. Ms M complains about the delay.
16. Ms M also complains about delay more generally. She described constantly chasing the Council in connection with G’s education.
17. In its response to Ms M’s complaint, the Council acknowledged it had not always responded promptly to her requests for information and had not always followed through on the actions agreed. The Council noted this had been a ‘recurring theme’ and the Council’s failure to improve had undermined Ms M’s confidence in the service. The Council apologised, but noted communication had improved since November 2022, with officers often now responding within a day.
18. In response to my enquiries, the Council explained the provision and support set out in G’s EHC Plan will not change until the Plan is next reviewed. The Council said it intended to “annualise” G’s personal budget (in other words, to base the budget on the cost of provision for a whole year) and bring it in step with the Plan. The Council said this will give Ms M and G certainty for planning purposes and remove the need to approve the budget on a termly basis.
19. I welcome these developments. And while I recognise Ms M’s clear frustration at her dealings with the Council, which the Council has acknowledged to have fallen short in the past, I am satisfied the Council has responded appropriately. There is nothing more I can add.

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Final decision

20. I have discontinued my investigation. I cannot resolve the disagreement about G’s education, and I cannot add to the Council’s complaint response.

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Investigator's decision on behalf of the Ombudsman