Summary: We will not investigate Mrs X’s complaint about the Council’s handling of her child’s Education, Health and Care Plan. It is unlikely an investigation would add anything to the Council’s response or achieve a worthwhile outcome.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained about the Council’s handling of her daughter’s Education, Health and Care Plan (EHC Plan). Mrs X says communication from the Council was poor and it delayed in naming a suitable school in her daughter’s EHC Plan.

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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
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X’s daughter (Y) has an EHC Plan. In October 2023, the Council told Mrs X it was putting Y forward a place at two specialist settings. It said a place would not be available before September 2024. Mrs X says she repeatedly contacted the Council to find out what was happening, as did Y’s (then) current school. In May 2024, the Council issued a revised EHC Plan naming one of the specialist settings.
7. While I understand Mrs X’s frustrations, we will not start an investigation into her complaint. This is because the Council has accepted its communication with Mrs X was poor and has apologised. Y also now has a place at the specialist setting which is the outcome Mrs X wanted. An investigation would not therefore add anything to the Council’s response or achieve a worthwhile outcome. We will not investigate when this is the case.

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Final decision

8. We will not investigate Mrs X’s complaint because it is unlikely an investigation would add anything to the Council’s response or achieve a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman