The Ombudsman's final decision
Summary: We will not investigate this complaint about alleged fault in the complainant’s son’s Education Health and Care Needs Assessment. This is because we can achieve nothing significant by doing so.
The complaint
The complainant, who I will refer to as Miss B, complains that the Council was at fault in the process of her son’s Education Health and Care Needs Assessment.
The Ombudsman’s role and powers
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. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss B’s son has special educational needs. She complains that the Council was at fault throughout his Education Health and Care Needs Assessment. As a result, the Education Health and Care Plan (EHCP) the Council issued did not reflect and meet his needs. She also says the Council’s failure to fully document and respond to her requests has prevented her from raising them at appeal.
The Council has recognised some failings on its part and has apologised for them. In settlement of the complaint, Miss B wants the Council to re-write the EHCP to accurately reflect the assessment process and to document the requests she has made.
The Ombudsman will not investigate Miss B’s complaint because there is nothing significant to be gained by doing so. The main consequence of the errors Miss B has identified is what she regards as an inadequate EHCP. From the date the EHCP was first issued in final form Miss B had the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability). I do not agree with Miss B’s contention that the failure to document all her requests places her in a position where she cannot use that right. The Ombudsman would expect her to do so, as this is the route by which she can ask for changes to the EHCP’s content. We cannot comment on the content of the EHCP.
Neither can we achieve what Miss B wants. The way to pursue the changes she wants is to request a reassessment and, if the Council declines, to appeal. There is no role for the Ombudsman.
Final decision
We will not investigate Miss B’s complaint because we cannot achieve anything significant by doing so.
Investigator's decision on behalf of the Ombudsman