Summary: We will not investigate Mrs M’s complaint because the Council has agreed to respond and undertake a new carer’s assessment. Mrs M can make a new complaint to us if she remains unhappy once the Council has responded to her concerns.

The complaint

1. Mrs M complained:
• the Council has not reviewed her daughter G’s education, health and care (EHC) plan since 2020; and
• she is unhappy with her carer's assessment.

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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 another body better placed to consider the complaint, or
• it would be reasonable for the person to ask for a council review or appeal.

(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 Mrs M and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. I have carefully considered correspondence between Mrs M and the Council.
6. Based on the correspondence I read, the best way forwards appeared to be for:
• the Council to respond directly to Mrs M’s complaint about the annual reviews of G’s EHC plan under the corporate complaints procedure (this was something the Council had offered); and
• the Council to undertake a fresh carer’s assessment as the previous assessment was out of date. If Mrs M is unhappy following the assessment, she can make a new complaint to the Council.
7. If Mrs M remains dissatisfied once the Council has responded to her complaints, she can complain to us again.
8. I wrote to the Council and set out my suggestion. I am pleased to report the Council accepted my proposals.
9. I will, therefore, bring my involvement to an end and close the complaint.
10. Mrs M can make a new complaint to us if she remains unhappy once the Council has responded to her concerns.

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Final decision

11. We will not investigate Mrs M’s complaint because the Council has agreed to respond and undertake a new carer’s assessment.

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Investigator's decision on behalf of the Ombudsman