Summary: We will not investigate Mrs X’s complaint about the Council failing to complete an EHC needs assessment within the required timescales and of failing to provide the full amount of tuition to her child as agreed. This is because an investigation is not likely to lead to any further findings or recommendations as the Council has made appropriate recommendations to remedy the injustice caused by the faults accepted.

The complaint

1. Mrs X complains the Council failed to complete an EHC needs assessment within the required timescales. She also complains the Council failed to provide the full amount of tuition to her child as agreed.

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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
• 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 requested the Council complete an EHC needs assessment in September 2023. The Council should have issued the final EHC plan within 20 weeks, which was end of January 2024. However, the Council did not issue the final EHC plan until March 2024. Therefore, there was a delay of around a month.
6. The Council agreed with Mrs X to provide her child with 10 hours of tuition per week, until the end of the school year. Mrs X said her child was not receiving the full amount.
7. In response to her complaint, the Council said tuition started mid-April 2024. The Council accepted that the tuition should have been in place from March 2024, when the final EHC plan was issued. The Council also accepted Mrs X’s child did not receive the full amount of tuition that had been agreed.
8. In recognition of the loss of provision, the Council made a financial payment offer of £2628. The Council also made an offer of £500 to recognise the distress and time and trouble caused by the faults accepted.
9. An investigation is not justified as an investigation is not likely to lead to any further findings or recommendations. We are likely to agree with the Council’s findings of fault and the Council’s remedy offer is appropriate and in line with the Ombudsman’s guidance on remedies.

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Final decision

10. We will not investigate Mrs X’s complaint because an investigation is not likely to lead to any further findings or recommendations. This is because the Council has made appropriate recommendations to remedy the injustice caused by the faults accepted.

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Investigator's decision on behalf of the Ombudsman