Summary: We will not investigate Miss X’s complaint about the Council failing to provide education and support during an Education Health and Care Plan Tribunal appeal. We are unlikely to achieve more than the Council has already offered as a remedy.

The complaint

1. Miss X says the Council failed to provide the education and support set out in an Education Health and Care Plan (EHC Plan) during her Tribunal appeal.

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The Ombudsman’s role and powers

2. 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)
3. 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; or
• there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Miss X and the Council’s replies to her.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X has an EHC Plan. Following an incident in November 2024 at her setting, she stopped attending. The Council wrote to Miss X in January 2025 to notify her that it intended to cease to maintain her EHC Plan from September 2025. Miss X appealed that decision to the Tribunal.
7. The EHC Plan Code says that a Council has to continue to provide the support and education set out in the EHC Plan during the Tribunal. Miss X complained to the Council in February 2025 that it was not doing so. The Council replied in March and August. It accepted it had not met its duty. It apologised. It provided an explanation. It offered £4212.04 for the missed provision and distress. It recommended the Council continue to pay for missed provision until it is provided.

Analysis

8. We cannot investigate the Council’s decision to issue a cease to maintain letter as Miss X appealed this to the Tribunal.
9. The Council’s remedy offer is in line with our guidance on remedies and therefore we are unlikely to achieve more.

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Final decision

10. We will not investigate Miss X’s complaint because we are unlikely to achieve more than has already been offered.

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Investigator's decision on behalf of the Ombudsman