Summary: We will not investigate Mr X’s complaint that the Council did not make the required arrangements for his child’s exams. This is because it is unlikely investigation by us would lead to a different outcome.

The complaint

1. Mr X complained the Council did not make exam arrangements for his child, Y, in accordance with their Education Health and Care (EHC) Plan. He said this impacted Y’s wellbeing and could affect their exam results.

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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 further investigation would not lead to a different outcome. (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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s child, Y, has an EHC Plan which delivers Y’s education outside of a school setting. Mr X complained the Council said it would enter Y for their GCSE exams, in accordance with their EHC Plan requirements, but failed to do so. The requirements included additional time and an allowance for breaks.
6. By the time the Council acknowledged its fault it was able to arrange for Y to take their exams, but not able to make the arrangements for additional time or breaks.
7. The Council has apologised to Mr X and to Y. It said it would contact the examination board to explain the circumstances and apply for ‘special consideration’ for Y. This is the examination boards process for making mark adjustments, where students are disadvantaged during their exams due to unforeseen or exceptional circumstances.
8. It has said it will make a number of service improvements including changes to systems and staff training.
9. The Council acknowledges its fault. It has apologised, and acted to remedy the injustice caused to Y. It has identified several steps to improve its service and to ensure the situation does not occur again. Although we acknowledge the situation has caused Mr X and Y distress, we will not investigate this complaint. It is unlikely an investigation by us would add to the investigation already completed by the Council or lead to a different outcome.

Final decision

10. We will not investigate Mr X’s complaint because it is unlikely investigation by us would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman