Summary: We will not investigate X’s complaint about delays in paying for educational expenses. We are unlikely to achieve more than the Council has already offered as a remedy to this complaint. And the outstanding injustice is not significant enough to warrant an investigation.

The complaint

1. X says the Council has failed to or delayed in reimbursing costs incurred in the education and support of their child Y.

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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:
• we could not add to any previous investigation by the organisation; or
• further investigation would not lead to a different outcome; or
• any injustice is not significant enough to justify our involvement; or
• there is no worthwhile outcome achievable by our investigation (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 X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Y has an Education Health and Care Plan (EHC Plan). Y also has a personal budget in which the Council agreed to pay for specific educational expenses. Y complained to the Council that it had failed to pay some expenses they had claimed and had delayed in doing so with others.
6. The Council in reply to Y’s complaint confirmed what it had done. It offered £100 for delays in payments, proposed an early annual review to consider clarifying the EHC Plan and to provide advice on its position.
7. Y has confirmed that £90 is still disputed and not paid but all other expenses have now been paid.

Analysis

8. £90 outstanding is not significant injustice in the circumstances of this case to justify our further investigation.
9. Our investigation is unlikely to achieve significantly more than the £100 for delays and the action points proposed.

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Final decision

10. We will not investigate X’s complaint because we are unlikely to achieve significantly more than the Council has already offered as a remedy for this complaint and the outstanding payment is not significant enough to justify our investigation.

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Investigator's decision on behalf of the Ombudsman