Summary: We will not investigate Ms X’s complaint as it is unlikely we would find the Council was at fault in refusing to provide education and support differently to that set out in a Tribunal ordered Education Health and Care Plan.

The complaint

1. Ms X says the Council failed to provide a suitable education to her child, Y and failed to meet the Education Health and Care Plan (EHC Plan) duties.

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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
• any fault has not caused injustice to the person who complained; or
• any injustice is not significant enough to justify our involvement. (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. In September 2023 Ms X appealed the provision set out in Y’s EHC Plan to the Tribunal. It decided the appeal in September 2024. The Tribunal named School Z as the setting for Y’s education. Ms X disagrees School Z is suitable. In January 2025 the Council refused Ms X request for elective home education funding. She complained in February 2025. The Council replied to her in March 2025 and to her MP in June 2025. It said it could not agree to elective home education funding as the Tribunal had named School Z.
6. An EHC Plan annual review was held in October 2025. Ms X complained to us in December 2025. She has since then in May 2026 received an amended EHC Plan, still naming School Z, and has appealed again to the Tribunal.
7. This decision is only about events up to her complaint to us in December 2025 about issues complained of before then.

Analysis

8. The Council has a duty to make sure Y receives the special educational provision set out in section F of an EHC Plan (Section 42 Children and Families Act). The Courts have said the duty to arrange this provision is owed personally to the child and is non-delegable. (R v London Borough of Harrow ex parte M [1997] ELR 62), (R v North Tyneside Borough Council [2010] EWCA Civ 135)  
9. There is no evidence Y’s needs changed significantly shortly after the Tribunal decision to the extent a reassessment was needed. We are unlikely to find fault in the Council refusing to provide education from September 2024 to December 2025 differently than that set out in the EHC Plan. It had a s42 duty to provide that as set out in the EHC Plan.

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Final decision

10. We will not investigate Ms X’s complaint because we are unlikely to find fault.

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Investigator's decision on behalf of the Ombudsman