Summary: We will not investigate Mrs X’s complaint about the Council’s refusal to replace her son’s teacher. This is because there is not enough evidence of fault by the Council and we cannot achieve the outcome Mrs X wants.

The complaint

1. Mrs X’s son Y has a package of education which is provided outside of a school setting. He also has an Education Health and Care (EHC) Plan which sets out additional support he requires for his special educational needs. Mrs X complains the Council has failed to put in place the support listed in Y’s EHC Plan as Y does not get on with one of his teachers- Z- and will not therefore attend Z’s lessons. Mrs X has asked the Council to change the teacher but the Council refused.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered information provided by Mrs X and the Ombudsman’s Assessment Code.

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My assessment

4. The Council is under a duty to secure the provision listed in Y’s EHC Plan and it considers it has met its duty in Y’s case. While Mrs X complains the provision is not suitable as Y refuses to attend lessons with Z, it is nevertheless available to Y to attend, should he wish to.
5. The Council has considered Mrs X’s request to change teachers but has decided a change of teacher is not warranted. The Council’s decision is a matter of professional judgement and I have seen no evidence of fault in the way it was reached. We cannot therefore question it.
6. We could not in any event say the Council must change Y’s teacher or, therefore, achieve the outcome Mrs X wants.

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Final decision

7. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council and we cannot achieve the outcome Mrs X wants.

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Investigator's decision on behalf of the Ombudsman