Summary: We will not investigate this complaint about a failure to deliver provision contained in an Education, Health and Care Plan. This is because an investigation would not add anything to the Council’s response.

The complaint

1. The complainant, whom I shall refer to as Miss X, complained the Council had failed to deliver the Speech and Language Therapy (SALT) contained in her son’s Education, Health and Care Plan (EHC Plan). Miss X is also unhappy with how the Council has dealt with her complaint and says she had to chase the Council for a response.

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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, or

(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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In response to Miss X’s complaints the Council accepted a failure to deliver the SALT in her son’s EHC Plan. It said it had agreed to commission Miss X’s preferred provider, although it could only deliver one session per week instead of the two required. The Council would work with the provider to secure additional weekly sessions and extra support to make up for the lost sessions.
6. The failure to deliver the SALT in the EHC Plan is fault. This will have caused injustice, primarily to Miss X’s son who has missed out on provision. Where we find fault causing injustice, we look to put people back in the position they would have been were it not for the identified fault. We look at each case individually, and on its merits, taking into account all the evidence available. We have our own Guidance on Remedies to help decide what actions we should recommend. For cases like this it says council’s should “Ensure provision is secured and provide additional therapy / provision to address shortfalls.” The Council’s agreement to provide additional support to make up for the lost sessions is therefore an appropriate remedy. If we were to investigate, it is unlikely we would offer an additional remedy.
7. In her complaint to us Miss X refers to the time taken by the Council to respond to her complaints. While I understand Miss X’s frustrations, the injustice from having to complain and pursue a complaint is not enough to warrant an investigation. It is also not a good use of our resources to look at complaint handling as a standalone issue if we are not going to investigate the matter which led to the original complaint. This is the case here.

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Final decision

8. We will not investigate Miss X’s complaint. An investigation would be unlikely to achieve anything more than the remedy already offered. It is not a good use of our resources to look at complaint handling as a standalone issue.

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Investigator's decision on behalf of the Ombudsman