Summary: We will not investigate this complaint about how the Council reviewed an Education Health and Care plan. This is because the Council upheld the complaint and took appropriate steps to address the issues raised. Further investigation would therefore not lead to a different outcome.

The complaint

1. The complainant, who I will call Mrs X, complains about how the Council reviewed her son’s Education Health and Care (EHC) plan. Mrs X says the Council failed to issue her a draft EHC plan and the final plan issued to her did not contain relevant information and no consultation had taken place before naming a type of school.

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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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. In its response to Mrs X, the Council upheld her complaint finding that no draft EHC plan had been issued to her and inadequate consultation had taken place with schools before naming a school type. It agreed to meet with Mrs X to make amendments to the EHC plan and to consult with schools. It subsequently issued an amended EHC plan.
6. I understand Mrs X’s frustrations, particularly as we have found fault with how the Council has managed the EHC process for her son in the past. However, we will not start an investigation into her complaint. This is because the Council has accepted it was at fault and has taken appropriate and proportionate steps to remedy the injustice this caused by reissuing an amended plan which gave Mrs X the right of appeal against the contents of the plan. Mrs X’s son started the school named in the new plan in time for the new school year. It would be disproportionate to investigate as further investigation would not lead to a different outcome.

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Final decision

7. We will not investigate Mrs X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman