Summary: We will not investigate Mrs X complaint about the wording in the Council’s letter being incorrect. This is because an investigation would not lead to any different findings or outcomes. In addition, the fault has not caused any significant injustice to Mrs X.

The complaint

1. Mrs X complains the wording in the Council’s letter is incorrect as it states there must be a mediation certificate before Tribunal.

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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 an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• 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. Mrs X complains the Council’s Education, Health, and Care (EHC) plan letters contains incorrect information as it refers to a mediation certificate being needed before an appeal can be made to Tribunal. However, this is not the case if the appeal is solely about the name of the placement, or the fact that no school or institution is named.
6. Mrs X said the Council agreed it would change the letters to update the information, but it failed to do this. The Council confirmed to Mrs X it had failed to update the letters despite advising it would do so. The Council said it would now update the letters.
7. In response to our enquiries, the Council provided a copy of its updated letter. This showed the information was updated to reflect that mediation does not need to be considered if the appeal is solely about the placement.
8. An investigation is not justified as it would not lead to any further findings or outcomes. This is because the Council has accepted the information in its letter was inaccurate and has now appropriately updated its letters. I acknowledge Mrs X is concerned the Council will not use this updated letter. However, I have no evidence to suggest this is the case. Therefore, an investigation would not lead to any further recommendations.
9. In addition, an investigation is not justified as the fault did not cause Mrs X any significant injustice. This is because she was already aware that mediation is not required if an appeal is solely about the placement.

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Final decision

10. We will not investigate Mrs X’s complaint because an investigation would not lead to any different findings or outcomes. In addition, the fault has not caused any significant injustice.

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Investigator's decision on behalf of the Ombudsman