Summary: We will not investigate this complaint about how the Council has managed matters relating to the Education Health and Care plan process. This is because we cannot add to the investigation carried out by the Council. Also, some issues happened too long ago and some carry a right of appeal to a tribunal.

The complaint

1. The complainant, who I will call Miss X, complains about how the Council has dealt with matters relating to her child’s Education Health and Care (EHC) plan. Miss X says the Council delayed issuing an amended EHC plan after a review, failed to deliver provision, refused a request for an emergency review, failed to recognise new information and refused mediation.

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The Ombudsman’s role and powers

2. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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)
5. 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.

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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. I will not investigate Miss X’s complaints that the Council failed to meet all the provision in her child’s EHC plan or that it refused to enter into mediation with her. This is because these are historic matters that go back several years. I see no good reason why they could not have been raised with the Council sooner.
9. I will not investigate Miss X’s complaint that the Council ignored information in reports when reviewing her child’s EHC plan. This is because Miss X had the right to appeal the contents of the EHC plan to the SEND Tribunal. It would have been reasonable for her to have used that right.
10. Finally, I will not investigate Miss X’s complaint that the Council delayed issuing a final EHC plan after an annual review in September 2021. This is because the Council has apologised for the delay and offered Miss X a remedy payment for this along with a payment to recognise delays with the complaints process. These payments are line with our guidance and are an appropriate and proportionate remedy and therefore further investigation could not add anything further to the Council’s response.

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Final decision

11. We will not investigate Miss X’s complaint because some issues are raised late, others have a right of appeal to a tribunal, and we cannot add to the Councils’ investigation into other matters.

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Investigator's decision on behalf of the Ombudsman