The Ombudsman's final decision
Summary: Mrs B complained the Council failed to include all medical recommendations in her daughter’s education, health and care plan and failed to quantify the provision in the plan. The Ombudsman will not investigate this complaint as Mrs B has a right of appeal to tribunal.
The complaint
The complainant, whom I shall refer to as Mrs B, complained the Council: failed to include all the medical recommendations in her daughter’s education, health and care plan; and failed to quantify the provision in the plan.
Mrs B says the Council’s failures have led to her having to go to time and trouble to resolve the issues.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) We can decide whether to start or discontinue 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
As part of the investigation, I have considered the complaint and Mrs B's comments.
Mrs B and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Mrs B says the Council has not added in all the recommended provision in her daughter’s education, health and care plan and has refused to quantify the provision in the plan. Mrs B has a right of appeal to tribunal about the provision in the plan if she does not consider it reflects her daughter’s needs. Only a tribunal can direct the Council to include specific provision in the plan and I have therefore not exercised the Ombudsman’s discretion to investigate the complaint.
Final decision
No further action is needed to pursue this complaint because Mrs B could use an alternative remedy and it is reasonable to expect her to do so.
Investigator's decision on behalf of the Ombudsman