Summary: We will not investigate Ms M’s complaint about the Council’s decision to refuse her request for a personal budget because there is no evidence of fault in the Council’s decision.

The complaint

1. Ms M complains the Council refused her request for a personal budget to fund a therapy for her son, B. B has an education, health and care (EHC) plan maintained by the Council. Ms M does not believe the Council followed the correct process to consider her request. She is currently funding the therapy 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 do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• 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 Ms M.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council refused Ms M’s request for a personal budget because the therapy she wants is not specified in B’s EHC Plan.
6. Ms M thinks the Council is wrong to refuse her request for this reason.
7. 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.
8. As the therapy Ms M wants is not in B’s EHC Plan, it appears the Council is right.
9. Ms M thinks the therapy should be in B’s EHC Plan. I note Ms M’s views, but that is not an outcome the complaints process could achieve. If Ms M and the Council cannot reach an agreement, Ms M has a right of appeal to the SEND Tribunal. Only the Tribunal can decide whether the therapy should be in B’s Plan. Further investigation would not lead to a different outcome.

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Final decision

10. We will not investigate Ms M’s complaint about the Council’s decision to refuse her request for a personal budget because there is no evidence of fault in the Council’s decision.

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Investigator's decision on behalf of the Ombudsman