Suffolk County Council (23 017 120)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 22 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about the Council’s refusal to reimburse her for the cost of two private educational psychologist reports. This is because I have seen no evidence to show the Council agreed to fund the reports or that it is at fault for declining to do so.
The complaint
- The complainant, Mrs X, complains the Council has refused to reimburse the cost of two private educational psychologist (EP) reports commissioned for her children. She says the Council agreed to her booking the EP assessments and did not tell her to cancel them until it was too late.
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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Mrs X and the Ombudsman’s Assessment Code.
My assessment
- I have seen evidence to show Mrs X asked the Council whether she should look into booking assessments with a private EP but I have seen nothing to show the Council agreed to fund the cost of doing so.
- Mrs X refers to an email from the Council dated 15 November 2023 but this was one month after Mrs X commissioned the private EP reports and did not give any indication it would reimburse her for the cost. While it stated “I will ensure it is made clear that this is for consideration only and that a private assessment has already been arranged…” there is no evidence from this email or any other that the Council agreed to pay for the report.
- The Council has used Mrs X’s private EP reports but this was on the basis Mrs X refused assessment by the Council’s EP as she did not want her children “over-assessed”. I do not therefore consider this provides grounds to recommend the Council reimburses Mrs X for the cost of her private EP reports.
Final decision
- We will not investigate this complaint. This is because I have seen no evidence to show the Council is at fault for refusing to Mrs X for the cost of the private EP reports.
Investigator's decision on behalf of the Ombudsman