Summary: We have upheld Mrs X’s complaint because the Council delayed carrying out an Education Health and Care needs assessment for her child. We cannot investigate the contents of the Education Health and Care Plan because Mrs X has used her right of appeal to a tribunal.

The complaint

1. Mrs X complains about how the Council carried out an Education Health and Care (EHC) needs assessment for her child. Mrs X says the Council delayed completing the process and that the Council failed to include important information in the EHC Plan, which was also poorly written.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
3. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
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.
5. 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

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

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My assessment

8. If we were to investigate this complaint, it is likely that we would find fault. This is because the Council delayed completing its EHC needs assessment, which delayed Mrs X’s right of appeal, causing distress in the form of frustration and uncertainty.
9. I therefore asked the Council to make a payment to her of £200 within one month to remedy the distress this has caused. To its credit, the Council agreed.
10. I cannot investigate Mrs X’s complaint that the Council failed to include information in the EHC Plan, which was also poorly written. This is because Mrs X has used her right of appeal to the SEND Tribunal about the contents of the final EHC Plan.

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Final decision

11. We have upheld Mrs X’s complaint because the Council delayed carrying out an Education Health and Care needs assessment for her child. We cannot investigate the contents of the Education Health and Care Plan.

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Investigator's decision on behalf of the Ombudsman