The Ombudsman's final decision
Summary: We will not investigate this complaint about the release of a personal budget to Miss X to meet her child’s special educational needs. There is not enough evidence of fault by the Council to warrant our further involvement.
The complaint
Miss X said the Council has refused to release her child’s personal budget as required under Section F of an 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 there is not enough evidence of fault to justify investigating.(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 has told Miss X it will pay her costs if she adds receipts for them to a virtual account. She has not claimed any disability prevents her from doing so. Instead, in her complaint to the Council, she stated she does not have to provide receipts first. The Council has not stated it would exclude any claim related to the child’s SEN using the amount allocated. There is no fault in the Council’s actions as it has agreed to pay the amount owed on production of receipts.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council to warrant our further involvement.
Investigator's decision on behalf of the Ombudsman