Summary: We will not investigate this complaint about the Council’s failure to deliver physiotherapy provision. This is because the Council apologised and offered a suitable remedy and it is unlikely further investigation would achieve anything more for Mrs X.

The complaint

1. Mrs X complains the Council failed to deliver physiotherapy provision for her child as set out in the Education, Health and Care Plan (EHC Plan). She says the Council failed to provide her child with the physiotherapy set out in her EHC plan during the 2023-2024 and 2024-2025 academic years.

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The Ombudsman’s role and powers

2. 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)How I considered this complaint

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. 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

6. The Council accepts it did not provide the physiotherapy provision set out in Y’s EHC plan. It has explained that in December 2023, a physiotherapist recommended a reduction in hours but the Council did not amend the plan.
7. In recognition of its failure to provide the physiotherapy provision set out in Mrs X’s child’s EHC Plan the Council has offered Mrs X a remedy of £1800, which we consider reasonable for the injustice caused to Mrs X and her child. In reaching this view we have taken into account that Mrs X’s child remained in education, with access to the educational provision set out in her EHC Plan, but missed out on between 5.5 hours per term (December 2023 to July 2024), to 14.75 hours per term from July 2024 onwards.
8. The Council’s annual review in January 2025 concluded physiotherapy should no longer be included in the child’s EHC Plan and this decision carried a right of appeal to the SEND Tribunal. The annual review process itself took longer than it should have to complete, but this is the subject of a separate complaint.
9. Because we are satisfied the remedy offered by the Council is sufficient for the injustice caused to Mrs X and her child it is unlikely further investigation would achieve significantly more.

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Final decision

10. We will not investigate Mrs X’s complaint because the Council apologised and offered a suitable remedy. It is therefore unlikely further investigation would achieve anything more for Mrs X.

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Investigator's decision on behalf of the Ombudsman