Summary: We will not investigate this complaint about the Council delaying issuing a final Education, Health, and Care Plan for Mrs X’s child. The Council upheld Mrs X’s complaint and has made a suitable offer of a remedy for her injustice. Further investigation by us would not achieve a different outcome.

The complaint

1. Mrs X was unhappy with the service the Council provided in relation to her son’s (Y’s) Education, Health, and Care (EHC) plan. She said it missed deadlines and its communication with her around this matter was poor.
2. Mrs X said this caused her and her family frustration and lost time in trying to resolve the issues.

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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mrs X complained about several aspects relating to Y’s 2024 EHC Plan, in particular delays in issuing the final EHC Plan and the Council’s poor communication and support over this matter.
7. The Council upheld her complaint about delays to the 2024 EHC process following an annual review in April 2024 and offered her a financial remedy for her injustice. It also upheld her complaint about poor communication about this plan and apologised its caseworker did not attend an important meeting.
8. We will not investigate Mrs X’s complaint, because further investigation by us is unlikely to achieve a different outcome. The Council’s remedy offer for delays, is in line with our guidance on remedies. It has also apologised for aspects of its poor communication and otherwise responded to all of Mrs X’s complaint.

Back to top

Final decision

9. We will not investigate Mrs X’s complaint. The Council has taken appropriate action and offered £150 as remedy for Mrs X’s injustice. There are no wider public interest issues to justify our investigation.

Back to top

Investigator's decision on behalf of the Ombudsman