Summary: We will not investigate Mrs X’s complaint about the Council’s poor communication because an investigation is unlikely to achieve any additional outcome. We will not investigate the remainder of Mrs X’s complaint because she can submit a subject access request and later take the matter to the Information Commissioner’s Office.

The complaint

1. Mrs X complained the Council failed to communicate with her about her child, Y’s, Education, Health and Care Plan.
2. Mrs X said the matter caused her frustration and uncertainty.

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, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection or data processing. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
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.

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

Background

8. Mrs X has a child, Y. The Council made a final EHC Plan for Y in early 2024. The EHC Plan named a mainstream school in section I.
9. Mrs X said Y’s presentation at school deteriorated over the following months. In summer 2024 Mrs X asked the Council to change Y’s named school to a special school.
10. In July 2024 the Council considered the matter at an internal panel. The panel’s decision was not to change Y’s school as it felt the current school could meet Y’s needs with additional support.
11. At around the same time Mrs X complained to the Council about its poor communication. She said the Council failed to inform her about the outcome of the panel and generally about Y’s EHC Plan. Mrs X said she wanted the Council to provide a copy of the panel’s meeting minutes.
12. In October 2024 the Council sent Mrs X a final complaint response. It apologised for the delay in its complaint response. It accepted its communication was poor and apologised. It provided Mrs X with an excerpt of the panel’s decision. The Council said it would ask Y’s school to conduct an early EHC review.

Analysis

13. We will not investigate Mrs X’s complaint about the Council’s poor communication. This is because in its complaint response the Council accepted it had not communicated effectively with her and apologised. It explained what the outcome of the panel was. This is sufficient to remedy any uncertainty caused, and an investigation by us is unlikely to achieve any additional outcome.
14. Mrs X wants the Council to provide a copy of the original meeting minutes. Mrs X could make a subject access request. If the Council does not provide the information, Mrs X could complain to the Information Commissioner’s Office, which is the body best suited to consider this type of complaint.
15. Mrs X wants the Council to change the named school in Y’s EHC Plan. The Ombudsman cannot direct the Council to change the named school in an EHC Plan, only the Council or SEND Tribunal can do this. Therefore, we will not investigate matters relating to the Council’s July 2024 decision panel as there is no worthwhile outcome achievable through an investigation.
16. In its complaint response, the Council agreed to ask Y’s school to conduct an early EHC review. The Council has 4 weeks from the meeting to decide whether to amend, maintain or cease the EHC Plan. If it decides to amend the EHC Plan, it has 12 weeks from the date of the meeting to complete the process. If Mrs X is dissatisfied with the outcome of the EHC review, she could appeal the decision to the SEND Tribunal.

Back to top

Final decision

17. We will not investigate part of Mrs X’s complaint because an investigation is unlikely to achieve any additional outcome. We will not investigate the remainder of Mrs X’s complaint because she can take the matter to the Information Commissioner’s Office.

Back to top

Investigator's decision on behalf of the Ombudsman