Summary: We will not investigate this complaint about the special educational needs provision made for Mrs X’s child. There is not enough evidence of fault in the Council’s actions to warrant our further involvement.

The complaint

1. Mrs X said her child had not been receiving the one-to-one support specified in their Education Heath and Care (EHC) Plan since September 204 when a staff member left the school the child is attending.

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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.

(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 duty to make the special educational needs (SEN) provision specified in an EHC Plan is the Council’s duty. Where a parent says the school is not making the provision, the Council should check with the school and consider the evidence it has, taking action if necessary to ensure the provision.
6. In this case, the Council’s final response to Mrs X’s complaint stated the text of the EHC Plan required the child to have “consistent” one-to-one support and did not require a single person to be responsible for that throughout the school day. It provided a copy of a daily timetable for the child at the primary school that named three different persons at different times with different activities and play times during the day. There were no gaps in this timetable. I have seen no evidence that the child’s EHC Plan specified that a single person should provide the one-to-one support all day. Without that, investigation by us would be unlikely to lead to a finding of fault.

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Final decision

7. We will not investigate Mrs X’s complaint because there is not enough evidence of fault by the Council to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman