Summary: We will not investigate this complaint about the Council’s failure to provide the provision outlined in an Education Health and Care plan. This is because we cannot achieve the outcome the complainant is seeking.

The complaint

1. Ms X complained the Council failed to provide her son with the provision outlined in her son’s Education Health and Care (EHC) plan. Further she says it has not considered her requests for a personal budget or for it to include extra information in the plan.
2. She feels the Council’s actions are preventing her son from receiving the exam preparation he needs to pass his exams and succeed in his life goals.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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 cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B)

5. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the Tribunal in this decision statement.

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X’s son receives Education Otherwise than at School (EOTAS) as outlined in his EHC plan. Ms X says the Council appointed provider is not giving the provision outlined in the plan. She is particularly concerned the tutors are unqualified and are not working towards exams. She complained about this to the Council, and that it is unwilling to make the changes she has asked for in the EHC plan or consider her request for a personal budget.
9. We will not investigate Ms X’s complaints. Ms X is seeking for a change in the EOTAS provider, and this is not an outcome we can achieve for her. We are also not able to make any changes to the EHC plan as this is the responsibility of the tribunal. Further investigation would not be an appropriate use of public money.

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Final decision

10. We will not investigate Ms X’s complaint because we cannot achieve the outcome Ms X is looking for.

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Investigator's decision on behalf of the Ombudsman