Summary: We will not investigate this complaint because we already considered the matters Ms X complained about in another investigation.

The complaint

1. Ms X complained the Council failed to secure all the special educational provision in her child, W’s, Education, Health and Care (EHC) Plan, up to September 2025. Ms X also complained the Council did not issue a notice informing her of its decision to amend W’s EHC Plan after an annual review in June 2025, and that it then delayed issuing W’s amended EHC Plan.
2. Ms X said the lost provision meant W was falling behind their peers and that the delay amending W’s EHC Plan meant she was delayed receiving her right to appeal the content of that Plan to the SEND Tribunal.

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The Ombudsman’s role and powers

3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I considered evidence provided by Ms X and the Council.
5. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

6. A child or young person with special educational needs may have an Education, Health and Care (EHC) Plan. This document sets out the child’s needs and what arrangements should be made to meet them. The council has a duty to make sure the child or young person receives the special educational provision set out in their EHC Plan (Section 42 Children and Families Act).
7. A previous Ombudsman investigation (case reference 25 002 671) considered Ms X’s complaint, as set out at paragraphs 1-2 of this decision. We found fault and recommended the Council take action to remedy the injustice that fault caused. I will not investigate this matter again as we have already come to a final decision on it.

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Decision

We will not investigate Ms X’s complaint, because we have already considered in another investigation.

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Investigator's decision on behalf of the Ombudsman