Summary: We will not investigate Mrs X’s complaint about education support issues. We are unlikely to achieve significantly more than the Council has already offered.

The complaint

1. Mrs X complains the Council delayed in replying to her complaint about failing to provide for B’s 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:

• we could not add to any previous investigation by the organisation; 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

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X’s who is B’s mother, complains on B’s behalf. B has additional needs. Mrs X says the Council has failed to provide for those needs. In particular, she says that she has not been provided with the direct payments she needs to pay for B’s education and support. She also complained about Education Health and Care Plan (EHC Plan) delays. She complained to the Council in February 2024.
6. The Council’s final reply in early March 2025 offered a remedy to Mrs X’s complaint. This included a payment of £1750. This includes a payment for delayed appeal rights from a delayed annual review. The Council say Mrs X has accepted this remedy. It is unlikely we would achieve more.

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Final decision

7. We will not investigate Mrs X’s complaint because we are unlikely to achieve significantly more than the Council has already offered.

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Investigator's decision on behalf of the Ombudsman