Summary: We will not investigate this complaint about delays in the annual review of an Education, Health and Care Plan. Our investigation is unlikely to achieve a different outcome.

The complaint

1. Ms X complains the Council delayed reviewing her son, Y’s, Education, Health and Care (EHC) plan for several months. She says this has caused her son to miss the educational support he needs.

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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:

• any injustice is not significant enough to justify our involvement, 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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has accepted it was one month late carrying out Y’s annual review. Ms X disputes the length of time and says it was three months late.
6. We will not investigate this complaint. The Council apologised to Ms X for the delay in carrying out the review. It also offered a financial remedy for missing provision. Any remaining injustice is not sufficient to warrant an investigation.

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Final decision

7. We will not investigate Ms X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman