Summary: We will not investigate Mrs X’s complaint about the Council’s actions relating to a review of her child, Y’s, Education, Health and Care Plan. Some of the claimed injustice is not significant enough to warrant an investigation. For the other elements of Mrs X’s complaint further investigation is unlikely to achieve a different outcome.

The complaint

1. Mrs X complained about the Council’s decision not to amend her child, Y’s, Education, Health and Care (EHC) Plan following an annual review. Mrs X also complained about the Council’s poor communication.
2. Mrs X says the matter has caused her frustration.
3. Mrs X wants the Council to amend Y’s EHC Plan and improve its communication with her.

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The Ombudsman’s role and powers

4. 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:

• any injustice is not significant enough to justify our involvement, or
• 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In January 2024 Y’s school held a review of their EHC Plan. Mrs X said she asked for minor amendments to the EHC Plan as part of the process, including but not limited to changes relating to her name and Y’s “Key Stage”.
8. In March 2024 the Council wrote to Mrs X. It told her it noted her comments but decided it would not amend Y’s Plan.
9. Mrs X wrote to the Council by email asking for clarification about why the Council would not amend the EHC Plan, but she received no response. She complained to the Council in April 2024.
10. In its final complaint response, the Council acknowledged Mrs X had emailed the Council, but could not find copies of the emails on its systems. It apologised for the impact this had. It agreed to amend Y’s EHC Plan in line with her requests.
11. In July 2024 the Council sent Mrs X an updated EHC Plan for Y.
12. During the Ombudsman’s involvement, Mrs X said the updated EHC Plan made most of her requested changes, but one element describing when “outcomes” would be achieved by was incorrectly labelled as “Key Stage Two outcomes” as opposed to “Key Stage One outcomes”.

Analysis

13. We will not investigate this complaint. The Council accepted fault for poor communication in its complaint response. It apologised to Mrs X and agreed to amend the EHC Plan. Further investigation by the Ombudsman is unlikely to achieve any additional outcome.
14. We will also not investigate Mrs X’s complaint that, after updating the EHC Plan, the Council failed to correctly record the “outcomes” section of the EHC Plan as “Key Stage One outcomes” rather than “Key Stage Two outcomes”. This is because the injustice caused by the alleged fault is not significant enough to warrant an investigation by the Ombudsman.

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Final decision

15. We will not investigate Mrs X’s complaint in part because the alleged injustice is not significant enough to warrant an investigation. For the other elements of Mrs X’s complaint further investigation is unlikely to achieve a different outcome.

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Investigator's decision on behalf of the Ombudsman