Summary: We will not investigate Mr X’s complaint about document sharing as the Council has now shared the documents. We cannot investigate if Education Health and Care Plans were adequate as Mr X appealed to the Tribunal.

The complaint

1. The complainant, whom I shall call Mr X, says the Council failed to share documents with him.

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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; 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))
3. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

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

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My assessment

Background

6. Mr X has two children, Y and Z. They have additional needs. The Council produced an Education Health and Care Plan (EHC Plan) for both in December 2022. Mr X did not think these met their needs. He says he tried to work with the Council to amend them. When it became clear this was not working, he appealed to the Tribunal. Mr X says that appeal was short lived as he says the Council conceded quickly.
7. Mr X complained to us the Council had not shared key documents with him. It has now done so. Mr X says the Council has offered him £700 for the delays in his case.

Analysis

8. Mr X has now received the documents he wanted. Our investigation could achieve no more.
9. We cannot investigate whether the EHC Plans issued in December 2022 were adequate and we cannot look at the delays in amending the final EHC Plan from December 2022. Mr X had a right of appeal to the Tribunal to get the EHC Plan amended which he used. He had the right to use that appeal from the moment the EHC Plans were issued.

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Final decision

10. We will not investigate Mr X’s complaint because we can achieve nothing significantly more for his complaint about document sharing. We cannot investigate whether EHC Plans were adequate as Mr X appealed to the Tribunal.

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Investigator's decision on behalf of the Ombudsman