Summary: We will not investigate this complaint about the Council’s provision of education for Mr X’s son. There is not enough evidence of fault to justify investigating as the Council took reasonable steps to address the situation.

The complaint

1. Mr X complained the Council failed to deliver the special education provision (SEP) that was contained within his son’s (Y) Education, Health, and Care (EHC) Plan. Mr X said this worsened Y’s development.

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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))
3. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the Tribunal in this decision statement.

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained the Council did not do enough to secure Y’s SEP in line with Section F of their EHC Plan. Mr X said this was after the Council issued Y’s EHC Plan in September 2024. Mr X was unhappy with the Council’s decision (Section I) that Y’s school could meet his needs and had appealed this decision to the Tribunal.
7. Notwithstanding this appeal, the council has a duty to make sure the child or young person receives the special educational provision set out in section F of an EHC Plan.
8. We accept it is not practical for councils to keep a ‘watching brief’ on whether schools and others are providing all the special educational provision in section F for every pupil with an EHC Plan. We expect them to quickly investigate and act on complaints or concerns raised that the provision is not in place at any time. 
9. In February 2025, Mr X complained about the SEP that Y was being provided by their school. The Council held a discussion with Mr X about his concerns, completed a referral for home tuition which he agreed to, and in April offered Mr X an alternative placement.
10. Given the Council’s actions, we will not be investigating as it is unlikely we would find fault in its actions.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman