Summary: We will not investigate Mr X’s complaint about inaccurate information being included in Section D of his child’s Education, Health, and Care (EHC) plan. This is because an investigation would not lead to any further findings or outcomes as the Council has appropriately remedied the injustice caused by the fault accepted.

The complaint

1. Mr X complains about inaccurate information being included in Section D of his child’s Education, Health, and Care (EHC) plan.

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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 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. Mr X complained to the Council about information that had been included in Section D of his child’s EHC plan. This information detailed that his child was known to social care for a brief period in May 2023.
6. Mr X said this information was incorrect as no social care practitioners were involved with his family during this timeframe. He complained to the Council in March 2023.
7. In its complaint response, the Council said it had contacted social care services and they provided information that showed social care was involved with his child during the specified dates in May 2023.
8. In response to our enquiries, the Council confirmed the information should not have been included in the EHC plan. The Council said it had written to Mr X to apologise for the error and for not identifying the error during its complaint investigation. The Council also confirmed it had sought agreement from Mr X to amend Section D to accurately reflect that there are no current social care needs.
9. An investigation is not justified as it would not lead to any further findings or outcomes. The Council has appropriately apologised for the error and taken appropriate action to correct the information.

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Final decision

10. We will not investigate Mr X’s complaint because an investigation would not lead to any further findings or outcomes as the Council has appropriately remedied the frustration caused by the fault accepted.

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Investigator's decision on behalf of the Ombudsman