Summary: We will not investigate this complaint about how the Council completed a review for an Education Health and Care plan. There is nothing worthwhile to be achieved through investigating.

The complaint

1. Mr X complained about how the Council completed a review of his son’s Y’s Education Health and Care plan (EHC plan). He said the Council did not issue an amended draft EHC plan within the statutory timeframe. He said the Council also failed to get advice from Y’s GP and did not discuss outcomes in the annual review. He said because of that the EHC plan does not reflect Y’s aspirations and may impact on the provision Y receives in the next academic year. Mr X wants the Council to apologise and to complete a plan that reflects Y’s needs.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the SEND Tribunal in this decision statement.
5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. In the Council’s complaint response, it said it held an initial review meeting in January 2023, however, did not complete the EHC plan review process until March 2023 following a further meeting. However, it agreed to issue the final EHC plan within 12 weeks of the January 2023 meeting date.
9. We will not investigate this complaint further. Although the Council did not write to Mr X within four weeks of the January 2023 meeting with the proposed amendments to the EHC plan, it issued the final EHC plan within 12 weeks of that meeting. That provided Mr X the right of review of the final EHC plan within the statutory timeframes. Therefore, there is nothing worthwhile to be achieved through further investigation.
10. Mr X is unhappy with the content of the EHC plan. He said the Council failed to contact Y’s GP and the outcomes do not represent Y’s aspirations. The Council and Mr X are currently going through mediation to resolve any issues with the content of the EHC plan. The Council has also offered to complete a reassessment of Y’s needs if Mr X feels the current EHC plan does not reflect his needs.
11. We will not investigate this complaint further. Firstly, the Council is currently going through mediation with Mr X. That is the most appropriate way to resolve any disagreement about the outcomes in Y’s EHC plan. Secondly, although outcomes in the EHC plan are not appealable to tribunal, they are linked to the assessment of needs and provision. Both these are appealable to tribunal. Therefore, following mediation, if Mr X feels the EHC plan does not meet Y’s needs it would be appropriate for him to use his right of appeal to the SEND tribunal.

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Final decision

12. We will not investigate Mr X’s complaint because there is nothing worthwhile to be achieved through investigating.

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Investigator's decision on behalf of the Ombudsman