Summary: We will not investigate Ms X’s complaint that the Council failed to send her a copy of her child’s Education Health and Care Plan. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Ms X complains that the Council failed to send her a copy of her child’s final Education Health and Care (EHC) Plan in November 2024.

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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 there is not enough evidence of fault to justify investigating. (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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council issued a final EHC Plan for Ms X’s child in November 2024. It says its records show that the document was printed and sent to Ms X in the post. It says that its phone records show that Ms X called the Council after it was sent to challenge the school named in the EHC Plan.
6. I will not investigate Ms X’s complaint. This is because there is insufficient evidence to support her claim that the EHC Plan was not sent in November 2024 and therefore insufficient evidence of fault by the Council.

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Final decision

7. We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman