Summary: We will not investigate Mrs M’s complaint about the Council’s decision not to pay for Spanish lessons for her son. There is not enough evidence of fault to justify an investigation, and we could not achieve the outcome Mrs M wants.

The complaint

1. Mrs M complains the Council refused her request for a personal budget to fund Spanish lessons for her son. He has an education, health and care (EHC) Plan maintained by the Council and attends an independent special school where Spanish is not taught. Mrs M complains about the Council’s handling of her request, including the lack of guidance on the Council’s website. Mrs M wants the Council to agree a personal budget for Spanish lessons and refund the cost of lessons she has paid for herself.

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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, or
• 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.

(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 Mrs M.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has provided a detailed response to Mrs M’s complaint. It has explained why it cannot provide a personal budget for Spanish lessons, and it has removed out of date information from its website.
6. Regulations say a council can only provide a personal budget to fund special educational provision in section F of a young person’s EHC Plan, and then only if certain conditions are met.
7. Spanish lessons are not special educational provision and are not, therefore, eligible for a personal budget.
8. The Council has removed out of date information from its website and is updating advice for parents.
9. There is not enough evidence of fault to justify investigating Mrs M’s complaint.
10. There is nothing I could add to the Council’s response.
11. In any event, further investigation would not change the outcome. I cannot tell the Council to pay for Spanish lessons and there are no grounds for me to recommend the Council refunds the money Mrs M has paid.

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Final decision

12. We will not investigate Mrs M’s complaint about the Council’s decision not to pay for Spanish lessons for her son. There is not enough evidence of fault to justify an investigation, and we could not achieve the outcome Mrs M wants.

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Investigator's decision on behalf of the Ombudsman