Summary: We have discontinued our investigation into Miss X’s complaint about the way the Council dealt with Y’s education. The Council has already investigated her complaint, accepted mistakes, and offered suitable remedies. As a result, there is nothing we can add.

The complaint

1. Miss X complains about the way the Council dealt with her child, Y’s, education. She says the Council:

• delayed reviewing Y’s education, health and care plan (EHC plan);
• failed to issue Y’s EHC plan within statutory time limits;
• failed to ensure the appropriate special educational needs and disability (SEND) staff were involved in an annual review;
• poorly communicated with her;
• wrongly stopped providing funding for provisions in April 2024;
• failed to provide an adequate personal budget; and
• failed to respond appropriately to her complaints.

2. Miss X says the change in routine and uncertainty caused by this situation has caused anxiety, regression and irritability to Y. Miss X also said Y’s academic progress has declined.

Back to top

The Ombudsman’s role and powers

3. 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 and further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
5. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

Back to top

How I considered this complaint

6. I considered information from Miss X and the Council.
7. I consider the Ombudsman’s guidance on remedies.
8. Miss X and the Council had the opportunity to comment on my draft decision. I will considered these comments before making a final decision.

Back to top

What I found

9. Before Miss X approached us, she complained to the Council.
10. I see no record of Miss X complaining to the Council that it failed to ensure the appropriate internal staff were involved in one of Y’s annual reviews and so I cannot investigate this matter. In any event, there is no statutory requirement for local authority SEND officers to attend review meetings. So, this is unlikely to be something which we would investigate, even if Miss X had complained to the Council about it.
11. The Council investigated the rest of her complaint under its corporate complaint procedure. The Council sent Miss X a final complaint response.
12. The Council accepted fault in all areas of Miss X’s complaint.
13. The Council apologised to Miss X and offered to make a payment to remedy the injustice caused to Miss X and Y. It offered a £1000 payment.
14. As the Council has already accepted fault in the areas Miss X complained about, it would not be proportionate to reinvestigate her complaint.
15. I have, however, considered whether the Council’s remedies were appropriate.
16. I looked at our guidance on financial remedies for distress and having done so, I have no grounds for recommending that the Council increase its financial offer.
17. I also note that the Council has taken what appear to be reasonable steps to improve its services related to this complaint. I therefore also have no grounds for recommending the Council make service improvements.
18. As a result, there is nothing I can add to what the Council has already said and done.

Back to top

Final decision

19. I have discontinued my investigation.

Investigator’s final decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman