Summary: We will not investigate Ms M’s complaint about the 2024 review of her son’s education, health and care (EHC) plan because we could not achieve the outcome Ms M wants.

The complaint

1. Ms M complains the Council failed to complete the May 2024 annual review of her son B’s education, health and care (EHC) plan within 12 weeks. She says amendments she requested were not included in B’s Plan until May 2025. She wants an apology and financial redress for the provision B missed.

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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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(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. The Council undertook a review of Ms M’s son B’s education, health and care (EHC) plan in May 2024.
6. The Council says it wrote to Ms M on 4 July 2024 to explain that it would not be issuing an amended Plan following the review. As Ms M already had an ongoing appeal against B’s EHC plan, the Council said it would consider whether to incorporate the changes she requested to sections B and F of the plan in the “working document” produced for the Tribunal.
7. Ms M says she did not receive the Council’s 4 July letter until she complained to the Council in October 2024 and the Council re-sent the letter.
8. Ms M tells me the Council did not agree to make any significant changes to the working document, and did not add any of the provision she requested.
9. The Council issued a further final Plan in February 2025 in preparation for B’s transfer to secondary school in September 2025. I understand this was essentially the 2023 Plan updated to say B would attend a mainstream secondary school.
10. Ms M complains the changes she requested to B’s EHC plan following the May 2024 annual review were not made until April 2025 when her appeal to the Tribunal concluded. She says B missed vital provision for almost a year before his transfer to secondary school.
11. I understand Ms M’s frustration, but further investigation by us would not lead to a different outcome.
12. There are problems with the Council’s handling of Ms M’s request for amendments following the 2024 review of B’s Plan. The Council acknowledged it could have been clearer and apologised.
13. I think the Council should have either declined to amend the Plan (a decision Ms M could have appealed), or issued an amended Plan (which Ms M could also have appealed if she disagreed). The Council’s decision not to amend the Plan, but to consider changes through the working document appears contradictory and is confusing. The Council’s approach is likely to be wrong.
14. However, it appears the Council did not agree to make the changes Ms M wanted following the May 2024 review. We have neither the authority nor the expertise to decide whether changes were needed to B’s EHC Plan. Only the Tribunal can decide. We cannot, therefore, achieve the outcome Ms M wants by investigating her complaint about the May 2024 review further.

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Final decision

15. We will not investigate Ms M’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman