Summary: We will not investigate Mrs X’s complaint about missing support under an EHC Plan. The Council have offered a suitable remedy. We will also not investigate Mrs X’s complaint about the contents of an EHC Plan. It would be reasonable for Mrs X to appeal to the tribunal.

The complaint

1. Mrs X complains the Council have failed to provide the support required under her child’s Educational Health and Care Plan (EHC Plan). Mrs X also complains the Council are planning to remove support from the EHC Plan.

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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. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (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 SEND Tribunal in this decision statement.

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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. Mrs X’s child, Y, has an EHC Plan. The EHC Plan contains a provision for occupational therapy which Y has not been receiving. Y has been without the therapy since July 2023.
8. Mrs X complains the Council have not provided Y with the therapy they should be getting under section F of their EHC Plan.
9. The Council have recognised fault in not providing the therapy. They have apologised to Mrs X and offered a financial remedy of £4,250. This recognises the missed therapy sessions from July 2023 to July 2025 and the costs in providing make up sessions. The Council have also offered a symbolic payment of £300 to recognise the uncertainty caused by the delay. This is in line with our remedy’s guidance.
10. Mrs X also complains the Council may remove the therapy from Y’s EHC Plan during its review.
11. The SEND Tribunal considers appeals against the content of EHC Plans. It would be reasonable for Mrs X to appeal to the tribunal if she is unhappy with the contents of an EHC Plan.

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Final decision

12. We will not investigate Mrs X’s complaint. The Council have offered a suitable remedy for the recognised fault. It would also be reasonable for Mrs X to appeal to the tribunal about the content of an EHC Plan.

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Investigator's decision on behalf of the Ombudsman