Summary: We will not investigate Ms M’s complaint that her son, B, has not received the occupational therapy (OT) in his education, health and care (EHC) plan because he has now had the therapy and has been discharged by the OT service. There is no worthwhile outcome achievable.

The complaint

1. Ms M complained the Council had not arranged occupational therapy (OT) for her son, B. She wanted compensation so she could arrange 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 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
• 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

3. I considered information provided by Ms M and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms M’s son B has an education, health and care (EHC) plan. The plan said B needed six sessions of OT. I have not included the details here to ensure B’s anonymity.
6. Ms M moved to the area last year and B’s EHC plan was transferred to the Council in October 2024. The Council held a review of B’s EHC plan on 20 November 2024. Ms M said B had not received the OT in the plan.
7. The Council decided to re-assess B’s OT needs as it was some time since he had been seen by an OT before he moved to the area. The assessment took place in February 2025.
8. Ms M complained to the Council and then to us in May 2025 that B had still not received the OT provision in his plan.
9. I contacted the Council to ask for an update. The Council said B had received the six sessions of OT and was discharged by the OT service in June 2025.
10. Now that B has received the OT and has been discharged by the OT service, there is no worthwhile outcome achievable from investigating Ms M’s complaint.

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Final decision

11. We will not investigate Ms M’s complaint because B has received the OT in his EHC plan and has been discharged by the OT service, so there is no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman