The Ombudsman's final decision
Summary: I have ended my investigation into Mr K’s complaint that the Council mishandled his son’s Education, Health and Care Plan (EHCP). This is because I do not have his son’s consent to investigate the complaints Mr K made on his behalf, and I am unlikely to be able to achieve a meaningful outcome for Mr K.
The complaint
Mr K complains the Council: failed to finalise his son’s EHCP for transition to post 16 education; and failed to provide support in accordance with an earlier tribunal decision.
Mr K says the Council’s failings meant that he had to pay for legal service to threaten it with court action; as well as distress and frustration.
The Ombudsman’s role and powers
We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended) We can decide whether to start or discontinue (end) an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered the information provided by Mr K. I considered the information provided by the Council including its file documents. I also considered the law and guidance set out below. Both parties had the opportunity to comment on a draft of this statement. I considered the comments I received.
What I found
Mr K complains about how the Council handled his 17-year-old son’s EHCP. He says the Council did not provide the services that a tribunal had ordered, and did not review the plan in good time, to say where his son would go after leaving school at 16. Mr K sought legal advice and issued a formal notice that he intended to start court action to remedy. Mr K says this cost him £750 and caused him distress and frustration.
The Council issued the EHCP and Mr K appealed to a tribunal against the details of the plan. The tribunal judge asked his son to confirm that he wanted to go ahead with the appeal. Mr K’s son lives separately to his father and has an advocate and social worker. Mr K’s son did not confirm that he wanted to go ahead with the tribunal.
In addition, Mr K’s son has made it clear in writing that he does not want his father to have any information about him. This means that I cannot continue my investigation of this complaint, because we have no written consent from Mr K’s son to do so. He is over 16 and the Council consider him competent to give or withhold consent.
I have considered whether I could investigate Mr K’s own injustice from the alleged failings separately to any injustice to his son: that he had to chase the Council and eventually pay for legal advice to progress the EHCP. However, we cannot say that Mr K’s son wanted his father to do this and so I would be unlikely to be able to achieve any appropriate remedy or meaningful outcome in this regard.
Final decision
I have ended my investigation as the person complaining is not an authorised representative of the person affected by the Council’s actions, and I am unlikely to be able to achieve any meaningful outcome for Mr K.
Investigator's decision on behalf of the Ombudsman