Summary: We will not investigate Mrs X’s complaint about the Council’s handling of her daughter’s education. This is because the Council has offered an appropriate remedy for the claimed injustice, and an investigation would not lead to a different outcome.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained about the Council’s handling of her daughter’s education. Mrs X said the Council was slow to issue her daughter's Education, Health and Care Plan (EHC Plan), failed to provide a suitable full-time education, and communication from the Council was poor.

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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
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
4. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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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. After Mrs X contacted the Ombudsman the Council sent a final response to her complaint. It agreed there had been delay in sending her daughter’s final EHC Plan and that she had not been able to properly access school for around a year. It also accepted its communication with Mrs X had been poor. To remedy the injustice caused to Mrs X and her daughter it offered a payment of just under £4000. The Council had calculated the remedy by considering our Guidance on Remedies.
8. The Council has offered a suitable remedy for the identified injustice. If we were to investigate it would not lead to a different outcome. We will not therefore investigate.

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Final decision

9. We will not investigate Mrs X’s complaint. The Council has offered Mrs X an appropriate financial remedy and an investigation by the Ombudsman would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman