Summary: We will not investigate this complaint about the Council failing to send a copy of an Occupational Therapy report. There is not enough evidence of fault by the Council to warrant an investigation.

The complaint

1. The complainant, Miss X, complained the Council had not sent her a copy of an Occupational Therapy report commissioned by her son’s school. Miss X says this means her son’s Education Health and Care Plan (EHC Plan) does not reflect his needs.

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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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not start an investigation into Miss X’s complaint.
6. In its response to Miss X’s complaint the Council said it had requested a copy of the report from the school and would send it to Miss X when it was available.
7. While I understand Miss X is keen to see the report, there is not enough evidence of fault by the Council to warrant an investigation. We also do not have the resources to pursue the Council in cases like this to try and achieve a resolution. The best way for Miss X to resolve her concerns is to again contact the Council or to ask her son’s school for a copy of the report.
8. Also, we cannot say her son’s EHC Plan will or should be changed because of the report. This means there is not enough evidence of significant personal injustice to warrant an investigation.

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Final decision

9. We will not investigate Miss X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman