Summary: We will not investigate this complaint about the Council’s delays in reviewing Mrs X’s child’s Education, Health and Care Plan and in issuing the final Plan. The Council provided a suitable remedy for Mrs X’s injustice. An investigation would not achieve any more for her.

The complaint

1. Mrs X complained that the Council:

• Delayed in carrying out a phase transfer review for her child, Y’s, Education, Health and Care (EHC) Plan.
• Delayed in issuing Y’s final EHC Plan.
• Delayed in responding to her complaint and addressed the complaint to the wrong person. Mrs X is concerned the Council may have disclosed her personal data to a third party.

2. Mrs X says that, as a result, she, Y and her family were caused significant distress and uncertainty.

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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 could not add to any previous investigation by the organisation, further investigation would not lead to a different outcome, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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)

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How I considered this complaint

5. I considered information provided by Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.
7. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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My assessment

8. Y has an EHC Plan and was due to transfer between phases of education as he was moving from year six to year seven. A council must review and amend an EHC plan by 15 February in the year a child is due to transfer between phases of education. Mrs X made a complaint to the Council about a number of matters including delay in carrying out the annual review and delay in issuing Y’s final EHC Plan.
9. In response to Mrs X’s complaint, the Council acknowledged it delayed by six months in carrying out the phase transfer annual review for Y. It also delayed in issuing the draft amended EHC Plan to Mrs X and in issuing the final EHC Plan. This meant that Y’s final EHC Plan was issued 14 months later than it should have been and several months after moving into year seven. The Council also took seven months to respond to Mrs X’s complaint.
10. The Council acknowledged the delays caused significant distress to Mrs X and her family. It apologised and offered a remedy payment of £850 for the distress and time and trouble caused.
11. We will not investigate Mrs X’s complaint as the Council’s offered payment of £850 is a proportionate remedy. Y did not change schools when transferring from year six to seven and the final EHC Plan named the school he was attending. The provision in his final EHC Plan is broadly similar to the provision in his previous Plan. So, Y did not miss education provision because of the Council’s delays. The offered payment of £850 is sufficient and proportionate to acknowledge the distress and avoidable time and trouble caused to Mrs X and her family. It is also in line with our guidance on remedies. An investigation would not achieve any more for Mrs X.
12. We have made recent decisions about the Council and made service improvement recommendations. These included when the Council should carry out phase transfer reviews and about delays in issuing final EHC Plans. So, there are no public interest issues to justify investigating Mrs X’s complaint.
13. We will not investigate Mrs X’s complaint that the Council could have disclosed her personal information to a third party as it addressed its complaint response to the wrong person. Mrs X can complain about this matter to the Information Commissioner who would be better placed to consider this complaint.

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Final decision

14. We will not investigate Mrs X’s complaint as the Council has offered a sufficient and proportionate remedy for the injustice caused. An investigation would not achieve any more for Mrs X.

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Investigator's decision on behalf of the Ombudsman