Milton Keynes Council (23 006 574)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about missed physiotherapy sessions for the complainant’s daughter. This is because the Council has offered a suitable remedy and investigation by the Ombudsman would not achieve anything more.
The complaint
- The complainant, whom I shall refer to as Mr X, complained the Council had failed to ensure his daughter (Y) received the physiotherapy contained in his daughter's Education Health and Care Plan. Mr X says Y missed three months of provision after her previous physiotherapist left.
The Ombudsman’s role and powers
- We investigate 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 continue 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, or
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In its final response to Mr X, the Council explained why there had been a delay in sourcing a replacement physiotherapist and apologised for this. The Council was using a new physiotherapist and Y’s sessions had started again. The Council said it could offer extra session to make up for those Y had missed.
- While I understand Mr X’s frustrations, we will not start an investigation into his complaint. This is because the Council’s offer of extra sessions is a suitable remedy. If we investigated, it is unlikely we would recommend any extra remedy. An investigation is not therefore appropriate because it would not achieve anything more.
Final decision
- We will not investigate Mr X’s complaint because the Council has offered a suitable remedy. Investigation by the Ombudsman would not achieve anything more.
Investigator's decision on behalf of the Ombudsman