The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about Education Health and Care Plan matters. It is unlikely we could find he has been caused any direct significant injustice because of significant fault.
The complaint
Mr X complains about a payment for an activity set out in an Education Health and Care Plan. He says the payment does not cover the full years activity.
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 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: there is not enough evidence of fault to justify investigating; or any fault has not caused injustice to the person who complained; or any injustice is not significant enough to justify our involvement; 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.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council issued an amended Education Health and Care Plan (EHC Plan) for Y, for whom Mr X is their father, in April 2024. Mr X says the Council failed on some issues and he complained to the Council. He accepts the Council sorted out and apologised for most of his complaint except one issue: Mr X says the EHC Plan specifies an activity payment. He says the Council has only paid an amount to cover up to January 2025 rather than a full 12 months. The Council says this particular activity is not available once Y reaches 18 in January 2025. It says the EHC Plan should have stated this.
As it stands, it is unlikely we could say there is any injustice caused to Mr X and/ or Y by this. The Council has time to amend the EHC Plan, and Mr X could appeal to the Tribunal. If it does not do so, and then fails to provide what is in the EHC Plan, it is reasonable to expect Mr X to complain at that point. Any complaint now has only speculative injustice.
Final decision
We will not investigate Mr X’s complaint about EHC Plan matters as it is unlikely we can say he has been caused any direct significant injustice by any significant fault.
Investigator's decision on behalf of the Ombudsman