The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council failed to arrange therapeutic provision detailed in an Education Health and Care plan. That is because the Council has accepted that the provision was not met and has now arranged the required provision. Further investigation by the Ombudsman would not lead to a different outcome.
The complaint
The complainant, who I will call Mrs X, complains that the Council failed to provide physiotherapy detailed in her daughter’s Education Health and Care plan (EHC plan). I will call Mrs X’s child Z.
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
Z’s EHC plan said she would receive physiotherapy sessions during the 2021/2022 school year. Mrs X complained to the Council that it had failed to provide these sessions.
I will not investigate this complaint further. This is because the Council has now accepted that it was at fault because it had not provided the physiotherapy provision detailed in Z’s EHC plan. It has confirmed that it is arranging for an external provider to arrange sessions to catch up on those missed and will contact the school to ensure that all of Z’s provision is being met. Further investigation into this matter would not lead to a different outcome.
Final decision
We will not investigate Mrs X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman