Summary: We will not investigate this complaint about the Council not attending a review of Miss X’s child’s Education Health and Care Plan and poor communication with her. Investigation by us would be unlikely to lead to a different outcome given the Council has already apologised for these matters.

The complaint

1. Miss X said a Council officer failed to attend the review of her child’s Education Health and Care (EHC) Plan and failed to respond to her contacts chasing amendments to the Plan after that.

Back to top

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, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))
 

3. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

Back to top

How I considered this complaint

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

Back to top

My assessment

6. In responding to Miss X’s complaint, the Council apologised that it was unable to attend a review of her child’s EHC Plan in February 2023. It also apologised for not responding to Miss X’s contacts. It confirmed on 27 July 2023 that it had made the changes to her child’s EHC Plan she requested and apologised for the delay.
7. Miss X said the review was on 8 February 2023. The Council told her on 27 July 2023 it had made the changes to the EHC Plan she had requested. Therefore, any delay beyond the statutory timescale for amending an EHC Plan after a review would have been at most two weeks. So, any loss of changed provision to her child would have been minimal. I note that the non-attendance of the officer and the review meeting, and the poor communication caused Miss X frustration. However, the Council has apologised for these matters. If we were to investigate, it is unlikely that we would recommend more than this.

Back to top

Final decision

8. We will not investigate Miss X’s complaint because doing so would be unlikely to add to the Council’s investigation or lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman