Summary: We will not investigate this complaint about the Council’s delay transferring an Education and Health Care Plan. This is because we are unlikely to add anything further to the Council’s response.

The complaint

1. Ms X complains the Council delayed the transfer of her child’s (Y) Education and Health Care Plan to another Council where she was relocating. She says despite telling the Council in advance it delayed the transfer by over three months. She says this delay contributed to Y missing the first three weeks at the start of the school year. Ms X says this disrupted Y’s routine, increased anxiety and delayed Y’s adjustment to a new setting. Ms X says this unexpected issue disrupted her work schedule, causing both emotional and practical strain. Ms X wants the Council to issue an apology and assurance that process improvement would be made to avoid similar issues in future. Ms X would also like the Council to provide compensation for the time Y missed in education and the stress caused to the family.

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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:

• 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 Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X wanted to have Y’s EHCP transferred on the same day they were moving. Under the SEND Code of Practice 2015, the requirement is to give 15 working days’ notice if the EHCP is to be transferred on the day of the move. Ms X told the Council well before this deadline.
6. Around one month after Ms X had moved, the EHCP was transferred to her new Local Authority.
7. Ms X complained because of this delay Y was delayed starting their new school by three weeks.
8. The Council explained to Ms X, the officer managing Y’s EHCP had left the Council during this transitional period, which created delays in it transferring the EHCP on time. The Council issued an apology to Ms X but said her new Local Authority had enough time to find provision for Y.
9. While there was a delay transferring Y’s EHCP, I do not consider the delay had a direct impact on Y’s education. I am satisfied the Council remedied any injustice suffered by issuing an apology. It is unlikely an investigation would add to the Council’s response or achieve anything more for Ms X.

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Final decision

10. We will not investigate Ms X’s complaint because we are unlikely to add anything further to the Council’s response.

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Investigator's decision on behalf of the Ombudsman