Summary: We will not investigate this complaint about how the Council dealt with the annual reviews of a child’s Education Health and Care Plan. This is because we could not add to the investigation carried out by the Council and because an investigation would not lead to a different outcome.

The complaint

1. Mr X complains that the Council failed to finalise his child’s Education Health and Care (EHC) Plan following annual reviews held in 2022 and 2023 and delayed amending the EHC Plan following a review in 2024. Mr X also complains about poor communication by the Council.

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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.

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

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How I considered this complaint

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

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My assessment

5. The Council accepted that it failed to amend Mr X’s child’s EHC Plan following reviews in 2022 and 2023 and that it delayed issuing an amended final EHC Plan following a review in 2024. It also accepted that its communication had been poor. It apologised and offered Mr X payments totalling £1,500 to remedy the distress these failings caused.
6. I will not investigate Mr X’s complaint because doing so would not add to the investigation carried out by the Council or lead to a different outcome. The Council has apologised for the issues Mr X has raised and made payments that are appropriate in the circumstances and in line with our guidance on remedies for distress.
7. We have recently upheld other complaints about delays with the Council completing EHC reviews and we are satisfied that the Council is taking steps to resolve this issue, so do not consider that any further recommendations would be necessary regarding this point. 

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Final decision

8. We will not investigate Mr X’s complaint because we could not add to the investigation carried out by the Council and because an investigation would not lead to a different outcome

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Investigator's decision on behalf of the Ombudsman