Summary: We will not investigate most of Mrs X’s complaint that the Council failed to deliver the content of her family member’s Education, Health and Care Plan because the claimed injustice is not significant enough to warrant an investigation by the Ombudsman. We will not investigate the remainder because there is insufficient evidence of fault.

The complaint

1. Mrs X complains on behalf of her family member Miss Y. Mrs X said the Council failed to implement the content of Miss Y’s Education, Health and Care (EHC) Plan between January 2025 and June 2025.
2. Miss Y said the matter caused her distress and uncertainty.

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The Ombudsman’s role and powers

3. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
4. 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 not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

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

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My assessment

7. The Council made a final EHC Plan for Miss Y in late January 2025. The EHC Plan included:
1. 1:1 support around revision needs, homework, and lesson reviews totalling a maximum of eight hours 45 minutes per week;
2. five hours of scribe support per week to support the completion of written homework;
3. “consideration” for additional technical assistance such as Talk to Type software; and
4. a 20-minute weekly meeting with a senior Teaching Assistant (TA) to discuss progress.
8. In February 2025 Mrs X complained to the Council and said the provision outlined in Section F of Miss Y’s EHC Plan had not been implemented. She explained only the five hours of scribe support was in place.
9. The Council responded to Mrs X. It said it had spoken with the school and would attend a meeting to discuss implementing the EHC Plan.
10. In March 2025, the school, Council, and Mrs X attended a meeting to discuss the implementation of the EHC Plan.
11. Following the meeting Mrs X said the following was implemented from April 2025:
1. two hours of daily 1:1 support;
2. a laptop and Talk to Type software; and
3. 30-minute daily meetings between a senior leader and Miss Y.

Analysis

January 2025 to March 2025

12. We will not investigate how the Council secured the provision in Miss Y’s EHC Plan during this period.
13. The alleged lost provision covers a period of less than two months, and Miss Y did receive some of the content of her EHC Plan.
14. The Council engaged with the school and Mrs X to organise the provision once it was made aware the content of Miss Y’s EHC Plan was not being delivered. The meeting occurred within a short timeframe.
15. Consequently, the claimed injustice is not significant enough to warrant an investigation by the Ombudsman, and we will not investigate this complaint.

March 2025 to June 2025

16. We will not investigate how the Council secured the provision in Miss Y’s EHC Plan during this period.
17. Although the 1:1 support may have not been delivered precisely as described in the EHC Plan, based on the evidence seen the number of hours provided to Miss Y was either in line with or exceeded the hours in the EHC Plan by April 2025.
18. Consequently, the injustice claimed for this period is not significant enough to warrant an investigation by the Ombudsman, and we will not investigate this complaint.
19. Mrs X also complained the Council failed to secure and deliver the laptop and Talk to Type software. However, the EHC Plan only states “consideration” would be given to this provision with no timescale. The provision was considered and the laptop and software provided by April 2025. There is insufficient evidence of fault for this part of the complaint, and so we will not investigate.

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Final decision

20. We will not investigate most of Mrs X’s complaint because the injustice claimed is not significant enough to warrant an investigation by the Ombudsman, and there is insufficient evidence of fault for the remainder.

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Investigator's decision on behalf of the Ombudsman