Summary: We will not investigate Mrs X’s complaint about the Education, Health and Care Plan process. There is not enough evidence of fault by the Council to warrant our involvement.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained about the Council’s handling of her child’s Education, Health and Care Plan (EHC Plan). Mrs X’s child (Y) is due to transfer to secondary school in September 2026. Mrs X complained the Council was failing to comply with the 15-day deadline when sending consultations to schools. Mrs X said this was causing unnecessary distress. Mrs X wants the Council to share the consultation responses with her and for the Council to ensure Y is not disadvantaged.

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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:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has responded to Mrs X’s complaint. The Council said it does only give schools 15 days to respond. It would share the responses with Mrs X as received. The Council explained it would consider the consultation responses received during a January meeting. It would then decide the placements for children transferring to secondary school by the statutory deadline of 15 February.
6. We will not start an investigation into Mrs X’s complaint.
7. Schools have to respond to consultations within 15 days and the Council is adhering to this – any failure to respond would rest with the individual school. There is no evidence of fault by the Council. It has said it will share the responses with Mrs X. This is what the Council should do and we could not add to its response. The Council has said it will decide placements and finalise EHC Plans by the phase transfer deadline of 15 February. That is what the law requires. Any subsequent delay in finalising a revised EHC Plan would need to be put to the Council as a fresh complaint.

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Final decision

8. We will not investigate Mrs X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman