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

1. 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).

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code together with the relevant law and statutory guidance.

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My assessment

5. 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.
6. 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.
7. 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.

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Final decision

8. We will not investigate Mrs B’s complaint because the Council is not responsible for the issue raised.

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Investigator's decision on behalf of the Ombudsman