Summary: We will not investigate this complaint about delay in finalising Mrs X’s child’s Education, Health and Care Plan, poor communication and school transport arrangements. We are satisfied with the actions the Council has taken.

The complaint

1. Mrs X complained the Council did not issue her child’s Education, Health and Care (EHC) Plan within statutory timescale, communicated poorly with her and did not make suitable school travel arrangements.
2. Mrs X said this caused distress.
3. Mrs X wants the Council to take responsibility for its failings and facilitate school travel.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. 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.

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My assessment

7. Mrs X’s child has an EHC Plan. When responding to Mrs X’s complaint, the Council accepted it had not met the statutory timeframe for finalising the EHC Plan after annual review. The Council also accepted that its communication with Mrs X had fallen below the standard it would expect.
8. In recognition of its findings, the Council offered Mrs X symbolic payments totalling £750, which it based on the Ombudsman’s guidance to remedies.
9. The Council has also confirmed it has now arranged for Mrs X’s child to travel to and from school.
10. We will not investigate this complaint. We are satisfied with the actions the Council has taken following Mrs X’s representations to it.

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Final decision

11. We will not investigate Mrs X’s complaint because we are satisfied with the actions the Council has taken.

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Investigator's decision on behalf of the Ombudsman