Summary: We will not investigate Miss X’s complaint about the Council’s consideration of schools during an Education Health and Care Plan assessment. We are unlikely to find fault which justifies an investigation, nor significant enough injustice.

The complaint

1. Miss X says the Council should not have consulted potential schools for her child, Y. She says this caused her family confusion and distress.

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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; or
• any injustice is not significant enough to justify our involvement. (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 Miss X which included the Council’s reply to her.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Y has special educational needs. Following an Education Health and Care Plan (EHC Plan) needs assessment the Council issued a final EHC Plan in June 2026. Our previous decision 24010758 covered delays in doing so.
6. Miss X says the Council tried to place Y in schools she did not believe were suitable. She says the Council did not listen to Miss X or Y. She says the Council continued to look at other schools despite Y being settled and happy at an alternative provision.
7. She says the uncertainty caused Y distress.
8. The Council has a duty to consider what education provision is suitable for Y. We are unlikely to criticise the Council for considering the educational options or find enough fault to justify an investigation.
9. The EHC Plan needs assessment and school consultation process inevitably involves some uncertainty. That is not significant enough injustice to justify an investigation. And Miss X has already received a remedy for distress caused by EHC Plans delays.

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Final decision

10. We will not investigate Miss X’s complaint because we are unlikely to find fault or injustice significant enough to justify an investigation.

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Investigator's decision on behalf of the Ombudsman