Summary: We cannot investigate part of Miss X’s complaint about the process by which her child’s Education, Health and Care Plan was made because she appealed to a tribunal, and the law says we cannot investigate. We will not investigate the Council’s poor communication or complaint handling because the Council apologised and an investigation is unlikely to achieve anything else.

The complaint

1. Miss X complains the Council failed to:
1. adhere to the statutory timescales regarding her child, Y’s, Education, Health and Care (EHC) Plan;
2. consult with her preferred educational placements and include reports as part of the EHC process;
3. respond to her communications on time, including delays in complaint handling; and
4. address her complaint about a staff member who she said acted in an unprofessional manner.
2. Miss X said the matter caused her distress and frustration.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully.
1. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
2. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

Statutory timescales for Y’s EHC Plan

8. In its complaint response the Council explained Y’s final EHC Plan was due by early June 2025. The Council sent Miss X a final EHC Plan in early May 2025.
9. Consequently, there is insufficient evidence of fault to warrant an investigation by the Ombudsman.

Consult with her preferred educational placements and include reports as part of the EHC process

10. We cannot investigate these complaints. The consequence of Miss X’s complaint is that the EHC Plan is inaccurate. Miss X appealed the content of the EHC Plan to the SEND Tribunal. The SEND Tribunal will now consider the content of Y’s EHC Plan including professional reports and the named school in section I.
11. Because the matter complained about is too closely related to the appeal matter, we cannot investigate. Even if we could investigate, we would not do so because the matter complained about is too closely related to the appeal element.

Poor communication and complaint handling

12. In its complaint response the Council apologised for its poor communication. This is sufficient to remedy the injustice caused and thus we will not investigate because the Council has already acted to remedy the issue.
13. In its complaint response the Council also apologised for a delay in its complaint handling and offered Miss X a £50 symbolic payment. This is in line with the Ombudsman’s Guidance on Remedies, and thus we will not investigate because the Council has already acted to remedy the issue.

Unprofessional conduct during a meeting

14. Miss X complained about the conduct of staff during a meeting. In response, the staff member apologised. A senior officer at the Council later considered the matter and reiterated the apology.
15. Consequently, an investigation into this matter is unlikely to achieve any additional outcome, and so we will not investigate.

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Final decision

16. We cannot investigate part of Miss X’s complaint because she appealed to a tribunal. We will not investigate the remainder because the tests in our Assessment Code are not met, and because the Council has already remedied the injustice caused.

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Investigator's decision on behalf of the Ombudsman