Summary: We will not investigate Ms X’s complaint the Council transferred her son’s education, health and care (EHC) plan to the Council where she was housed in temporary accommodation because there is not enough evidence of fault to justify investigating.

The complaint

1. Ms X complains the Council transferred (or attempted to transfer) her son’s education, health and care (EHC) plan to the Council where she was housed in temporary accommodation. She complains the Council refused to provide transport so her children could continue to attend their schools in Bromley.

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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 not enough evidence of fault to justify investigating, 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 Ms X.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X’s son had an education, health and care (EHC) plan maintained by the Council. Ms X was re-housed in temporary accommodation outside the Borough, so the Council began the process to transfer the EHC plan to the Borough where Miss X lived. The transfer was not completed. Miss X moved to a third Borough and the Council has now completed the transfer of the plan to this Borough.
6. Ms X complained to the Council. She said the Council’s actions were unlawful. She quoted from paragraph 9.218 of the SEND Code of Practice issued by the Department for Education and the Department of Health and Social Care.
7. Paragraph 9.218 of the Code does not exist.
8. Ms X referred to a case before the Upper Tier Tribunal.
9. The case does not exist.
10. Ms X referred to legislation and regulations. They do not say what Ms X says.
11. It appears Ms X may have been misinformed or poorly advised.
12. Legislation and regulations say the Council must transfer the plan on the day of the move, or within 15 days of becoming aware of the move.
13. Ms X intended her move to be temporary. That is an important factor the Council must take into account when deciding whether to transfer the plan. The Council explained its decision. The Council said it was unlikely Ms X would be re-housed in the Borough. That proved to be the case.
14. The Council advised Ms X to contact the Borough where she was living for support with school transport. Councils can only make school travel arrangements for children within their area.
15. There is not enough evidence of fault to justify investigating Ms X’s complaint.

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Final decision

16. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman