The Ombudsman's final decision
Summary: We will not investigate this complaint the Council failed to arrange the therapeutic provision specified in an Education Health and Care plan. That is because the Council has already accepted fault and said it will arrange the required provision. Further investigation by the Ombudsman will not lead to a different outcome.
The complaint
Mr X complained the Council had failed to provide the Occupational Therapy (OT) and Speech and Language Therapy (SaLT) specified in his child’s, Y’s, Education Health and Care plan (EHC plan). He wanted the Council to remedy the missed provision.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Y’s EHC plan said he should receive half termly OT and SaLT reviews. In the Council’s complaint response, it confirmed Y had missed two SaLT reviews, and two OT reviews.
It said that one SaLT review was not completed with the agreement of the family. It said the other review was missed because of service capacity. However, it offered a further review date. In respect of the OT reviews, it confirmed the additional reviews would be completed throughout the course of the academic year.
As the Council has accepted fault and confirmed it will catch up the missed reviews, we will not investigate this complaint further. There is nothing worthwhile to be achieved by further investigation.
Final decision
We will not investigate Mr X’s complaint because there is nothing worthwhile to be achieved through further investigation and it would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman