The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about Education Health and Care Plan issues. We are unlikely to achieve more than the Council has already offered. And it is reasonable to expect Mr X to appeal to the Tribunal.
The complaint
Mr X says the Council has failed to provide his child with a suitable education and delayed in issuing an amended Education Health and Care Plan (EHC Plan). He disagrees with the EHC Plan. He says the Council’s actions have ‘forced’ him to leave the country.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended) We investigate 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 continue an investigation if we decide: we could not add to any previous investigation by the organisation; or further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s child, B, has had an EHC Plan since June 2021. Following an annual review in December 2022 the Council amended the EHC Plan and issued a final amended version in June 2024.
Mr X says B left their educational setting, a school, in April 2023. Mr X says this event and what they see as the Council failure to offer a suitable education ‘forced’ the family to leave the Country in August 2023. They have not returned.
Mr X says following his complaint to the Council it offered him £4750 in October 2023 for missed education and the delayed amended EHC Plan. He says the Council promised the EHC Plan to be issued that month and it was not until June 2024. Mr X says the Council should pay the family more compensation for B’s missed education since and the costs of their ‘forced’ move. He says the Council has told him the EHC Plan will expire in January 2025 if they do not return to the country. He thinks this is wrong.
Analysis We are unlikely to recommend any remedy for missed education since the family left the country. The Council cannot provide what is in the EHC Plan if B is not in the Country. It has no duty to provide an education to a child which is not living in its area.
Our investigation would be unlikely to achieve more than the £4750 offered in October 2023. This is in excess of our remedies guidance for one missed term (April to July 2023) and a delay in issuing an amended EHC Plan following an annual review. These two aspects are the most fault we could potentially consider.
Mr X says the Council will be failing from January 2025. We do not usually consider complaints about future speculative injustice.
If Mr X does not believe the EHC Plan issued in June 2024 meets B’s needs, then it is reasonable to expect him to appeal to the Tribunal.
Final decision
We will not investigate Mr X’s complaint about EHC Plan issues. We are unlikely to achieve more than the remedy already offered. And it is reasonable to expect Mr X to appeal the EHC Plan content if he does not believe it meets B’s needs.
Investigator's decision on behalf of the Ombudsman