Summary: We will not investigate Mrs M’s complaint about delay in consultations with her preferred schools for her son B’s education, health and care (EHC) plan because there is nothing we could add to the Council’s response, and we could not provide a remedy.

The complaint

1. Mrs M complains about delay consulting her preferred schools when producing her son B’s EHC Plan. Mrs M complains the delay meant there was no longer a place for B at her preferred school. Mrs M believes the Council lied to her about the consultations.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers to investigate complaints.
3. We will not start an investigation if we decide the tests set out in our Assessment Code are not met. This may be when:
• we could not add to any previous investigation by the organisation;
• we cannot achieve the outcome someone wants; or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

4. I considered information provided by Mrs M, including the Council’s response to her complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. There was delay, and it may have affected the outcome.
7. However, there is nothing I could recommend to provide a remedy. I have neither the authority nor the expertise to say which school B should attend. Mrs M had a right of appeal to the SEND Tribunal and could have asked the Tribunal to name her preferred school even though it was full. In the circumstances, it would have been reasonable for her to have appealed.
8. Mrs M believes the Council lied about the consultations. The Council explained the delay was the result of an administrative error. There is nothing more I could add if I were to investigate the matter further.

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Final decision

9. For these reasons, we will not investigate Mrs M’s complaint.

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Investigator's decision on behalf of the Ombudsman