Summary: We will not investigate Mrs X’s complaint that the Council failed to transfer her child’s Education, Health and Care Plan to another Authority. This is because the Council apologised and an investigation is unlikely to achieve any additional outcome, and because we cannot achieve the outcome Mrs X wants.

The complaint

1. Mrs X complained the Council failed to transfer her child, Y’s, Education, Health and Care (EHC) Plan to a new Authority when she asked it to do so.
2. Mrs X said this resulted in avoidable costs and frustration.
3. Mrs X wants the Council to reimburse the cost of her rent and council tax for an additional property she rented during the period complained about.

Back to top

The Ombudsman’s role and powers

4. 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, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mrs X asked the Council to transfer her child, Y’s, Education, Health and Care (EHC) Plan to another Authority in mid-November 2024. Mrs X planned to move to another area in early December 2024 and scheduled to move on that date.
8. The law says the Council should transfer the EHC Plan either on the day of the move, or within 15 working days beginning with the day on which it was made aware of the move.
9. The Council should have transferred the EHC Plan by early December 2024. It did not do so until early January 2025.
10. Mrs X complained to the Council. She said the Council’s failure to transfer the EHC Plan meant she had to maintain two properties – one in the Council’s area and one in another Authority’s area. Mrs X asked the Council to pay the rent and council tax she says she incurred because of the Council’s failure to transfer the EHC Plan.
11. In its complaint responses, the Council upheld Mrs X’s complaint. It apologised for failing to transfer Y’s EHC Plan and said this was due to an administrative error.

Analysis

12. We will not investigate this complaint. The Council upheld Mrs X’s complaint and apologised for the administrative error. This is in line with the Ombudsman’s Guidance on Remedies and an investigation is unlikely to achieve any additional outcome.
13. The Ombudsman could not recommend the Council reimburse Mrs X’s rent or council tax for the second property she rented. It was Mrs X’s choice to remain at her property in the Council’s area and rent another property at the same time. We therefore cannot achieve the outcome Mrs X wants, and so we will not investigate.

Back to top

Final decision

14. We will not investigate Mrs X’s complaint because we cannot achieve the outcome she wants, and an investigation is unlikely to achieve any other outcome.

Back to top

Investigator's decision on behalf of the Ombudsman