Summary: We will not investigate Mrs X’s complaint about how the Council dealt with matters concerning her child’s Education Health and Care Plan. This is because there is no worthwhile outcome achievable by our investigation.

The complaint

1. Mrs X complained the Council did not offer mediation when it refused to issue an Education, Health and Care (EHC) Plan for her child Y. She said this caused her inconvenience to ascertain her legal rights and a delay to Y’s potential EHCP. She said the process has been very stressful for her and Y. Mrs X would like an apology, for the mediation to be arranged and compensation for stress.

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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 there is no worthwhile outcome achievable by our investigation. (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 Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council decided not to issue Mrs X’s child an EHC Plan. Mrs X requested mediation via a third-party mediation organisation in November 2024.
6. Mrs X did not receive a response to her mediation request. The third-party mediation organisation advised her that she would receive a deemed mediation certificate in December 2024. This certificate would allow Mrs X to appeal to the SEND Tribunal.
7. In its complaint response, the Council advised Mrs X it had not received her request for mediation. It also stated the actions agreed as part of its response to her earlier complaint were likely to have been what would have been agreed via mediation. It noted that it had contacted the third-party organisation about mediation referrals not being received by the Council.
8. Mrs X later appealed to the SEND tribunal which required the Council to issue an EHCP for Mrs X’s child.
9. We will not consider this complaint because there is no worthwhile outcome achievable by our investigation. The primary issues that would have been considered at mediation have now been covered at the SEND Tribunal.

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Final decision

10. We will not investigate Mrs X’s complaint because there is no worthwhile outcome achievable by our investigation.

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Investigator's decision on behalf of the Ombudsman