Summary: We will not investigate this complaint about the Council’s delay in completing Mr X’s child’s Education, Health and Care Plan after the annual review. This is because the Council has provided a suitable and proportionate remedy. It is therefore unlikely investigation would achieve anything more for Mr X.

The complaint

1. Mr X complained the Council delayed issuing his child’s amended Education, Health and Care (EHC) Plan after the annual review.
2. Mr X has complained before about delays around the EHC Plan process, and would like compensation and a public inquiry into the processes and procedures of the Council.

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The Ombudsman’s role and powers

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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complains the Council delayed completing his child’s EHC Plan for two months after it was due following the annual review.
7. The Council upheld his complaint and apologised for the delay. It has also outlined the steps it has taken to address the issues and improve efficiency.
8. I acknowledge we have previously found the Council at fault for delay in similar circumstances, but this in itself does not warrant a higher remedy and we have no power to carry out a public inquiry; this would be a matter for the relevant government minister.

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Final decision

9. We will not investigate Mr X’s complaint because the Council’s actions provided a proportionate and suitable remedy and it is unlikely investigation could achieve anything more than the council has already offered.

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Investigator's decision on behalf of the Ombudsman