Summary: We will not investigate this complaint about problems with the Education Health and Care Plan process. This is because the complaint has been upheld and it is unlikely an investigation would achieve anything significant.

The complaint

1. The complainant, whom I shall refer to as Miss X, complained about problems with the Education Health and Care Plan (EHC Plan) process. Miss X said the Council failed to communicate with her and papers referred to a meeting which did not happen. Miss X said draft versions of the EHC Plan were sent to inappropriate schools and without her comments.

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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 or 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))

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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. The Council has upheld Miss X’s complaint. It has accepted its communications with her were poor and that a meeting which should have happened did not. It has explained why it sent the draft EHC Plan to various schools. But it also accepted this could have been avoided if it had met with Miss X. The Council apologised unreservedly. It said it would learn from her case and had reminded staff of the importance of meeting with parents. Miss X’s child has now been offered a place at her preferred school.
6. We will not start an investigation into Miss X’s complaint. This is because it is unlikely an investigation would achieve anything significant. The Council has accepted fault and apologised. It has promised service improvements. These are appropriate remedies and in line with what we would recommend. It would be disproportionate for us to investigate as we would be unlikely to achieve anything further.

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Final decision

7. We will not investigate Miss X’s complaint because it has been upheld by the Council. Our involvement would be unlikely to achieve anything more.

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Investigator's decision on behalf of the Ombudsman