Summary: We will not investigate Mrs X’s complaint about the Council’s handling of an Education, Health and Care Plan following an annual review. This is because the Council has agreed to reassess Mrs X’s child and there is nothing further we could achieve for Mrs X.

The complaint

1. Mrs X complains the Council failed to follow statutory processes during the annual review of her child’s Education, Health and Care (EHC) Plan. She says the Council relied on outdated professional reports and refused to obtain further advice.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
5. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the Tribunal in this decision statement.

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How I considered this complaint

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

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My assessment

8. Mrs X’s child (Y) has an EHC plan. The Council carried out an annual review of Y’s EHC plan. Mrs X complained the proposed amendments to the EHC plan were based on outdated professional reports. She asked the Council to reassess Y’s needs.
9. The Council considered her complaint. It said it could only make amendments to the EHC plan based on the information it had. It agreed to reassess Y’s needs and seek updated professional advice.
10. We will not investigate this complaint. The Council has agreed to reassess Y’s needs and updated professional advice will be sought. There is nothing further we could achieve for Mrs X.
11. Parents who are unhappy with the contents of an EHC Plan have a right to appeal to the Tribunal. It is the mechanism set up by Parliament for parents to challenge such decisions. The Tribunal can direct changes to the EHC plan.
12. If Mrs X remains unhappy with the amendments to Y’s EHC plan, she has a right of appeal to the Tribunal. The Tribunal has wide ranging powers and can order fresh assessments if necessary. It is reasonable for Mrs X to appeal and so we will not investigate.

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Final decision

13. We will not investigate Mrs X’s complaint because the Council has agreed to reassess Mrs X’s child and there is nothing further we could achieve for Mrs X.

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Investigator's decision on behalf of the Ombudsman