Summary: We will not investigate this complaint about the Council’s delay in issuing an Education, Health and Care plan and arranging payment for its provision. Following the complaint the Council carried out the outcome the complainant was seeking. It is, therefore, unlikely further investigation will have a worthwhile outcome.

The complaint

1. Mrs X complained the Council delayed issuing an Education, Health and Care (EHC) plan after the tribunal and arranging payment for the physiotherapy provision.
2. Mrs X says this caused her worry and she wanted the Council to issue a final EHC plan and pay for provision already received.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

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

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My assessment

7. We will not investigate this complaint. The Council has carried out the remedy Mrs X was seeking and she has confirmed she is happy with the outcome. As such our investigation would not achieve a worthwhile outcome.

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Final decision

8. We will not investigate Mrs X’s complaint because there is no worthwhile outcome achievable by our investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman