The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council delayed reviewing a child’s Education Health and Care Plan and personal budget. This is because the Council has now completed the reviews and offered a suitable remedy for the delay so investigation would not lead to a different outcome.
The complaint
Ms X complains that the Council delayed reviewing her son’s Education Health and Care (EHC) Plan.
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 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council accepted that there had been delays reviewing Mrs X’s child’s EHC Plan and personal budget. It apologised and offered to make a payment to her of £400 to remedy the distress this caused. The Council has now completed its assessments and issued an amended EHC Plan.
I will not investigate Mrs X’s complaints because the steps taken by the Council are appropriate and in line with what we’d expect it to do. Therefore, investigation would not lead to a different outcome.
Final decision
We will not investigate Mrs X’s complaint because doing so would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman