Summary: We will not investigate this complaint about the Council’s failure to provide the provision outlined in an Education Health and Care Plan. This is because the Council has ensured the provision was in place and there is insufficient injustice to warrant our investigation.

The complaint

1. Miss X complains the Council has failed to ensure her son receives the provision outlined in section F of his Education Health and Care (EHC) plan.

Back to top

The Ombudsman’s role and powers

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

• any injustice is not significant enough to justify our involvement, 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))

4. 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.

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Miss X’s son, C, has an EHC plan. The Council issued a new plan in February 2025 which provided mentoring. Miss X raised a complaint shortly before the Council finalised the plan as she was concerned the school could not provide in house mentoring.
8. The Council responded to the complaint and agreed to continuing funding external mentoring provision until the end of the school year. It said at this point the school must look to arrange provision in house.
9. We cannot investigate Miss X’s complaint as the Council’s actions are in line with our remedies and there is insufficient evidence of any remaining injustice. The Council agreed to fund the external provision and C has therefore received the provision outlined in his EHC plan.
10. I appreciate Miss X’s concerns about the Council’s decision for provision from September onwards. However, this is premature. We cannot say at this stage what, if any injustice, there will be.
11. We also cannot achieve the outcome Miss X is hoping for. We cannot tell the Council it must continue to arrange provision with an external provider. A decision on the suitability of the provision in section F of the EHC plan is for the tribunal to make.

Back to top

Final decision

12. We will not investigate Miss X’s complaint because there is insufficient evidence of injustice.

Back to top

Investigator's decision on behalf of the Ombudsman