Summary: We will not investigate this complaint that the Council delayed carrying out a review of Mrs X’s child’s Education Health and Care Plan. This is because further investigation would not lead to a different outcome.

The complaint

1. Mrs X complains that the Council delayed carrying out a review of her son Y’s Education Health and Care (EHC) Plan. Mrs X says Y was unable to attend his current school and could have been in a specialist setting if the Council had acted sooner.

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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 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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council upheld Mrs X’s complaint, apologised to her for the 4 month delay in issuing its final EHC Plan and for its poor communication and offered her a remedy payment of £600 for the distress this caused.
6. I will not investigate Mrs X’s complaint. This is because the Council has already offered a suitable remedy via its own investigation of the matter. The Council’s remedy is in line with our guidance on remedies and there is nothing further we would add or recommend were we to investigate. 

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Final decision

7. We will not investigate Mrs X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman