University Hospitals of Leicester NHS Trust (22 009 206a)
Category : Health > Education, health and care plans
Decision : Closed after initial enquiries
Decision date : 03 Nov 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about failure to deliver the provision on section G of a child’s Education, Health and Care Plan. The matters Mrs B complains of are not the Council’s responsibility.
The complaint
- Mrs B complained on behalf of her daughter, Mrs M, and Mrs M’s son (S). She complained that S was not receiving the provision specified in section G of his Education, Health and Care Plan (EHCP).
The Ombudsman’s role and powers
- We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code together with the relevant law and statutory guidance.
My assessment
- A child with special educational needs may have an Education, Health and Care (EHC) plan. This sets out the child’s needs and what arrangements should be made to meet them.
- The EHC plan is set out in sections. Section G sets out health care provision. NHS bodies called Integrated Care Boards (ICBs, previously called Clinical Commissioning Groups or CCGs) have a duty to ensure the provision specified in section G is made available to the child or young person.
- We cannot investigate the complaint because the Council is not responsible for the matter Mrs B complains about. The Parliamentary and Health Service Ombudsman can consider Mrs B’s complaint about her local ICB’s actions.
Final decision
- We will not investigate Mrs B’s complaint because the Council is not responsible for the issue raised.
Investigator's decision on behalf of the Ombudsman