Summary: We will not investigate this complaint about the Council’s handling of a child’s Education Health and Care plan. This is because we could not add anything significant to the investigation carried out by the Council.

The complaint

1. The complainant, Miss X, complains about the Council’s handling of her child’s Education Health and Care (EHC) plan. She says the Council has failed in their duty to give her child a suitable school place and meet his special educational needs

Back to top

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

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Miss X complains the Council did not review her child’s EHC plan after they moved to the area. She says the Council did not secure her child a suitable school place and did not communicate with her. She says that, as a result of the fault on the Council’s part, her child missed out on appropriate special educational provision.
6. Miss X made a complaint to the Council. During the complaints process, the Council admitted fault in delaying carrying out a review pf the EHC plan and apologised for the lack of communication with Miss X. The Council also said it was at fault in not securing a suitable school place and not ensuring specialist provision was delivered as specified in the child’s EHC plan. The Council offered Miss X a symbolic payment of £1,800 remedy in recognition of its fault.
7. Miss X does not regard the amount the Council has offered as appropriate. She says it does not reflect the severity of the Council’s failings and the impact it has had on her child. However, the symbolic payment is broadly in line with what the Ombudsman would recommend, and it is unlikely we would seek to achieve a different outcome if we investigated.

Back to top

Final decision

8. We will not investigate Miss X’s complaint because we could not add to the previous investigation by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman