Summary: We will not investigate this complaint about failure to provide play therapy as contained in an Education Health and Care Plan. This is because the complaint has been upheld and the Council has proposed a suitable remedy. An investigation by the Ombudsman would be unlikely to achieve anything more.

The complaint

1. The complainant, whom I shall refer to as Ms X, complained the Council had failed to provide the play therapy contained in her daughter’s Education Health and Care Plan. Ms X also complained about poor communication from the Council.

Back to top

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))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. In its responses to Ms X the Council upheld her complaints. It accepted the play therapy had not been provided. It set out the recent contact with Ms X but agreed she had not received a response to a previous query. It had contacted Ms X’s preferred play therapist and invited them to join the Council’s commissioning framework. This meant it could appoint the therapist to work with Ms X’s daughter. The Council would fund extra sessions to make up for those missed and any the therapist could not provide during the summer holidays. It also offered Ms X a £100 payment for her time and trouble.
6. I understand Ms X’s frustrations, but we will not start an investigation into her complaint. This is because the Council has upheld her complaint and proposed remedies in lime with what we would see to achieve. It would be disproportionate for us to investigate as we would not look to achieve anything significantly different.

Back to top

Final decision

7. We will not investigate Ms X’s complaint because the Council has upheld the complaint and proposed suitable remedies. An investigation would be unlikely to achieve anything more.

Back to top

Investigator's decision on behalf of the Ombudsman