Summary: We cannot investigate the Council’s cooperation with producing an Education Health and Care Plan as Mrs X has appealed it to the Tribunal. And we are unlikely to find this Council has caused Z to miss out on the support they need.

The complaint

1. Mrs X says the Council has failed to provide the support her child needs as set out in an Education Health and Care Plan (EHC Plan). And failed to cooperate properly with its production.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended).
3. 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
• any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X’s child Z, has an EHC Plan which is maintained by another Council. Z attends a school in Essex County Council’s area. Mrs X says the school has not provided the support Z needs. She complained to Essex County Council who maintain the school. Mrs X says Essex County Council also failed to cooperate properly with the EHC Plan assessment and production process.
7. Mrs X has appealed the EHC Plan to the Tribunal. This means we cannot investigate the assessment process including Essex Council’s cooperation.
8. We are unlikely to find Essex County Council’s fault has caused Z to miss out on the support they need. It is the duty of the Council which maintains the EHC Plan to ensure it is provided, not Essex County Council.

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Final decision

We will not investigate Mrs X’s complaint because we cannot investigate issues involved in Tribunal proceedings. And we are unlikely to find the Council has caused Z to miss out on the support they need.

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Investigator's decision on behalf of the Ombudsman