Summary: We will not investigate this complaint about the Council securing the special education provision in an Education, Health, and Care Plan. Any injustice is not significant enough to warrant an investigation.

The complaint

1. Miss X complained saying the Council failed to secure all her child (Y’s) special education provision (SEP), that was included in their Education, Health, and Care (EHC) Plan. Miss X said this has had a significant impact on Y and caused them to regress in their social interaction.

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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 any injustice is not significant enough to justify our involvement. (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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Y is a child with an EHC Plan. In August 2025, the Council issued a final EHC Plan and named school A as Y’s placement. Y initially started at School A, in September, but for several weeks, they were on a part-time timetable. Y’s attendance gradually increased from mornings only, until they reached full-time hours in mid-November.
6. In mid-October, Miss X raised concerns with the Council, saying Y was not receiving all the provision they were due, as outlined in Section F (SEP) of the EHC Plan. The Council encouraged Miss X to speak to School A about day-to-day provision. It also offered to come to a planned meeting about Y’s provision.
7. I will not investigate Miss X’s complaint. This is because any injustice caused by a delay in the provision Miss X has cited, which on the evidence I have seen, was being started while Y was transitioning to a full-time education is not sufficiently significant enough to warrant an investigation.

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Final decision

8. We will not investigate Miss X’s complaint because there is no significant injustice.

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Investigator's decision on behalf of the Ombudsman