Summary: We will not investigate Ms M’s complaint about her son B’s education because there is nothing we could add to the Council’s response and our involvement would not lead to a different outcome. Ms M moved house in May 2024, so events after this are the responsibility of a different council.

The complaint

1. Ms M complains about her son B’s education. The Council issued an education, health and care (EHC) plan in March 2024 which said he would receive training from a local specialist provider. Ms M wanted him to go to college. Ms M moved house in May 2024. The Council transferred B’s EHC Plan to her new council in June 2024. Following her move, Ms M says she reluctantly accepted a place for B at a local college. She does not feel B has been supported by her new Council and is concerned about plans for his future.

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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 do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. The law says we cannot normally investigate a complaint when someone has a right of appeal to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)
5. We cannot normally investigate a complaint unless we are satisfied the Council responsible knows about the complaint and has had an opportunity to investigate and reply. (Local Government Act 1974, section 26(5))

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How I considered this complaint

6. I considered information provided by Ms M.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. I have looked at events between April and June 2024. This is the period which starts 12 months before Ms M complained to us and ends when she moved house and left the Council’s area. Events before this are too old. Events after this are the responsibility of a different Council.
9. At the beginning of the period I am considering, the Council issued an EHC Plan which said B would receive training from a local specialist provider. Ms M wanted him to go to college. There is no evidence of fault here. We do not decide where B should receive education. Ms M had a right of appeal to the SEND Tribunal if she disagreed with the Council’s plans.
10. It appears discussions between Ms M and the Council about where B might go to college continued. In its complaint response, the Council acknowledged that communication had not been as good as it expected and apologised. The injustice is not significant enough to justify further investigation by us. There is nothing we could add to the Council’s response, and our involvement would not lead to a different outcome.
11. Following her move, a different council is now responsible for B’s EHC Plan.
12. Ms M is unhappy with her dealings with this Council and plans for B’s future. This is a separate complaint which Ms M should take up directly with the new Council. If she is unhappy with the response, she can complain to us again.

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Final decision

13. We will not investigate Ms M’s complaint about her son B’s education because there is nothing we could add to the Council’s response and our involvement would not lead to a different outcome. Ms M moved house in May 2024, so events after this are the responsibility of a different council.

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Investigator's decision on behalf of the Ombudsman