Summary: We will not investigate this complaint about how the Council dealt with matters concerning a child’s education provision. This is because doing so would not lead to a different outcome and because some matters are raised late.

The complaint

1. Mrs X complains that in 2022 the Council failed to arrange provision detailed in Section F of her daughter, Z’s, Education Health and Care (EHC) Plan. Mrs X also complains that in 2024, the Council failed to arrange alternative education provision when Z stopped attending school and delayed completed the annual review of Z’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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

6. I will not investigate Mrs X’s complaint that the Council failed to ensure the provision detailed in Section F of Z’s EHC Plan was met in 2022. This is because this element of Mrs X’s complaint is made late, and I see no good reason why it could not have been made sooner.
7. The Council has accepted that it failed to arrange alternative provision for Z for half a term, that it delayed issuing an amended final EHC Plan and that its communication had been poor. The Council apologised, offered Mrs X financial remedies and said it was undergoing a review of its service. Having reviewed the actions taken regarding these issues I consider they were proportionate and in line with our guidance. For this reason, I do not consider that investigation would lead to a different outcome.
8. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

9. We will not investigate Mrs X’s complaint because doing so would not lead to a different outcome and some matters are raised late.

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Investigator's decision on behalf of the Ombudsman