Summary: We will not investigate Mr X’s complaint about delays in the Education, Health and Care needs assessment process. This is because the Council offered a remedy in line with the Ombudsman’s Guidance, and further investigation is unlikely to achieve any additional outcome. We will not investigate some of Mr X’s complaint because he can submit an appeal to a tribunal.

The complaint

1. Mr X complained the Council:
• delayed the Education, Health and Care (EHC) process regarding his child, Y, following a Tribunal order;
• failed to make changes to the final EHC Plan in line with his requests; and
• about the Council’s poor communication.
2. Mr X says the matter caused him frustration, distress, and uncertainty.
3. Mr X wants the Council to make his requested amendments to Y’s EHC Plan.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the SEND Tribunal in this decision statement.
6. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
7. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
8. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended).

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How I considered this complaint

9. I considered information provided by the complainant.
10. I considered the Ombudsman’s Assessment Code.

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My assessment

EHC Delays & poor communication

11. We will not investigate Mr X’s complaint about delays in the EHC process regarding his child, Y, or the Council’s poor communication.
12. The Council should have issued a final EHC Plan for Y no later than 28 July 2023. It sent a final EHC Plan 50 weeks later, in mid-July 2024.
13. In its complaint response the Council accepted fault. It offered Mr X £1,200 to acknowledge the frustration and uncertainty caused by the delays in the EHC assessment process. It also offered an additional £1,000 symbolic payment to acknowledge the frustration caused by its poor communication.
14. These remedies are in line with the Ombudsman’s Guidance on Remedies. Therefore, further investigation into these matters is unlikely to achieve any additional outcome, and so we will not investigate.

Content of EHC Plan

15. We will not investigate Mr X’s complaint that the final EHC Plan the Council made was inaccurate and did not include all his requested changes. Mr X has a right to appeal the content of the final EHC Plan to the SEND Tribunal, and it is reasonable to expect him to do so.

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Final decision

16. We will not investigate some of Mr X’s complaint because the Council has already offered a remedy, and further investigation is unlikely to achieve any additional outcome. We will not investigate some of Mr X’s complaint because he can submit an appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman