Leicestershire County Council (25 018 595)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council delay in finalising a school placement for Mrs X’s son Y, and Y’s loss of education. This is because investigation would not lead to a different outcome.
The complaint
- Mrs X complains the Council delayed confirming a school placement for her son in his Education, Health and Care Plan (EHC Plan). Her son missed out on 2 weeks of education at the start of term.
- Mrs X also complains about poor communication by the Council.
The Ombudsman’s role and powers
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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The school confirmed it could offer Y a place in April 2025 but the Council did not accept it until July.
- Y was supposed to start in September but due to capacity issues it was put back to Spring term 2026.
- Mrs X shared her concerns with the Council who negotiated an earlier start date, but Y missed 10 days of education at the start of term, and the Council did not offer any interim support.
- Mrs X complained and the Council apologised and offered £202 for the missed education and a £500 distress payment (which is at the upper end of the Ombudsman’s Guidance on Remedies).
- This is in line with the Ombudsman’s Guidance. Investigation would not therefore add anything significant.
Final decision
- We will not investigate Mrs X’s complaint because investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman