Summary: We will not investigate Miss X’s complaint about the Council’s delay in correctly amending her child’s Education, Health and Care Plan. One part of her complaint is late with no good reason to investigate it now. On the part of her complaint that is not late, there is no worthwhile outcome achievable by us investigating.

The complaint

1. Miss X complains on behalf of her adult child, Mr Y. She complains the Council delayed in correctly amending Mr Y’s Education, Health and Care (EHC) Plan per the Tribunal’s Order. She also complains about delays in the Council’s complaint handling.
2. Miss X says the experience has caused her to lose trust in the Council. She wants the Council to improve its record keeping and ensure it has appropriate staffing levels to respond to complaints in a timely manner.

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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 there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

6. I considered information provided by Miss X.
7. I also considered the Ombudsman’s Assessment Code.

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My assessment

8. In early 2024, the Tribunal ordered the Council to amend some wording in Mr Y’s EHC Plan. The Council issued the EHC Plan, however Miss X noticed it did not accurately reflect what the Tribunal ordered. She complained to the Council and it issued an amended EHC Plan.
9. Around 10 months later, the Council sent Miss X its response to that complaint. When she received that complaint response, she re-read the EHC Plan and realised some wording was still wrong. She complained to the Council again and raised the wording errors during Mr Y’s EHCP review.
10. The Council issued a third EHCP which included the correct wording. It then responded to her complaint around six months later. It apologised for the delays and errors and explained they were due to staffing levels and administrative oversight. It also offered Miss X £300 and said it would review its procedures to improve future service. Miss X remains dissatisfied.
11. We will not investigate Miss X’s complaint that the Council issued two incorrect EHC Plans in early 2024. This occurred more than 12 months ago, which makes this part of her complaint late. We cannot investigate late complaints unless there are good reasons. Miss X had the EHC Plan, the Tribunal Order, had complained to the Council and knew how to complain to us. It was therefore reasonable for her to have brought this part of her complaint to us sooner, so we cannot investigate it now.
12. Following Miss X’s most recent complaint to the Council, it has corrected the EHC Plan, apologised, offered a financial remedy, and committed to reviewing its procedures. This provides a suitable remedy for the injustice caused by errors in the EHC Plan and delays in its complaint handling. Further investigation by us is unlikely to achieve any other worthwhile outcome.

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Final decision

13. We will not investigate Miss X’s complaint because one part is late without good reason to investigate it now and there is no worthwhile outcome achievable by us investigating the other part that is not late.

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Investigator's decision on behalf of the Ombudsman