Summary: We will not investigate Mrs X’s complaint about how the Council managed the process of amending her child’s Education Health and Care Plan. This is because we could not add to the Council’s investigation or achieve a different outcome.

The complaint

1. Mrs X complains about how the Council handled the process of amending her child’s Education Health and Care (EHC) Plan.

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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 started the process of amending Mrs X’s child’s EHC Plan in preparation for their phased transfer to secondary school. In these circumstances councils must issue an amended final plan by 15 February.
6. The Council failed to properly consult with Mrs X’s preferred school, which then said it couldn’t meet the needs of Mrs X’s child without amendments being made to the EHC Plan. A review was held, draft EHC Plans issued, and Mrs X requested amendments. A final EHC Plan, naming Mrs X’s preferred school, was issued prior to the 15 February deadline.
7. I will not investigate Mrs X’s complaint. Whilst I note that the process was frustrating for Mrs X, the final EHC Plan was issued on time and the Council apologised for failing to properly consult with her original school and for some of its communication with Mrs X. Having considered the issues raised and the response by the Council I do not consider further investigation would add to the one carried out by the Council or achieve a different outcome.

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Final decision

8. We will not investigate Mrs X’s complaint because we could not add to the Council’s investigation or achieve a different outcome.

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Investigator's decision on behalf of the Ombudsman