Summary: We will not investigate Mrs X’s complaint about the Council failing to respond to her communication and concerns about how it was dealing with her son’s education, health, and care plan. This is because the fault did not cause any significant injustice. In addition, the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused by its failure to send emails directly.

The complaint

1. Mrs X complains the Council failed to respond to her communication and concerns about how it was dealing with her son’s education, health and care (EHC) plan. She also complains the Council failed to email them directly as requested instead of using a secure email platform.

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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 an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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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 child has an Education, Health, and Care (EHC) plan. The Council completed a transition review in January 2024 to decide how education provisions were required for Year 12.
7. In March 2024, the Council issued the final EHC plan. This detailed that the child’s education package would continue into Year 12.
8. In June 2024, the Council confirmed funding for the education package had been agreed for the 2024/25 academic year. Mrs X was concerned about why it had been necessary for the panel to approve the provision when it was specified in Section F of the final EHC plan. Mrs X was also concerned about some of comments made by the panel with regards to the EHC plan being reviewed in 2025 to ensure academic studies are on track to being completed in 2026.
9. Mrs X raised concerns about the Council’s approach at the end of June 2024. The Council did not respond to her concerns. Mrs X raised a complaint in August 2024.
10. The Council confirmed the purpose of the panel was to consider and authorise the case officer’s recommendations, including the renewal of funding for the education package. It is acknowledged Mrs X has concerns about this approach. However, we are not likely to find fault as it is for the Council to determine its decision-making structure and process.
11. Further, given the Council approved the funding for the agreed education package prior to the start of the 2024/25 academic year and made no changes that deviated from what was outlined in the final EHC plan issued in March 2024, I cannot see that this caused any significant injustice to Mrs X or her child. Therefore, an investigation is not justified.
12. The Council has acknowledged there was poor communication with Mrs X, and it apologised for this. I am satisfied this was appropriate and an investigation by us would not lead to any further findings or outcomes.
13. It is appropriate for any concerns about the child’s progress, or whether the EHC plan should continue to be maintained, to be considered as part of the annual review process. Therefore, while I acknowledge Mrs X concerns about some of the comments made by the panel, I am not satisfied these are matters we can investigate now as the injustice is speculative.
14. Finally, Mrs X provided evidence of her requests to the Council to stop sending emails via its secure platform as far back as 2022. I am satisfied Mrs X has consistently asked the Council to just send her emails directly.
15. The Council’s position appeared to be that it uses the platform as it is secure. However, Mrs X has stated she is happy to accept the risk. Further, the Council has accepted it can send emails directly and that it appears to be human error that this is overlooked as the secure platform is used as default.
16. I am satisfied the Council’s repeated failures to communicate with Mrs X in the way she has asked has caused her frustration. Given the length of time this has been ongoing for, I asked the Council to make a symbolic payment of £100.

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Agreed action

17. The Council agreed to resolve the complaint and will complete the above within four weeks of the final decision.

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Final decision

18. We will not investigate Mrs X’s complaint because the fault did not cause any significant injustice. In addition, the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused by its failure to send emails directly.

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Investigator's decision on behalf of the Ombudsman