The Ombudsman's final decision
Summary: We will not investigate this complaint about delay in the Education, Health and Care Plan process for the complainant’s daughter. The injustice caused is not significant enough to warrant us investigating.
The complaint
The complainant, Miss X, complained the Council took too long to issue her daughter’s Education, Health and Care Plan (EHC Plan) after it agreed to do so following mediation. Miss X says the delay affected her daughter’s transition to college.
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 any injustice is not significant enough to justify our involvement. (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
On 10 May 2024, the Council agreed to issue Miss X’s daughter with an EHC Plan. The Council agreed to this as part of the mediation process parents can use to challenge a council’s decision about EHC Plans. Following the Council’s agreement, it had five weeks to issue a draft EHC Plan, and eleven weeks to issue the final EHC Plan. The Council should have issued the draft plan by 14 June and the final plan by 26 July. The Council issued the draft plan on 03 September, 11 weeks late, and the final plan on 13 September, seven weeks late.
The Council was at fault and I understand Miss X’s frustrations. But we will not start an investigation into her complaint. This is because the injustice caused is not significant enough to warrant us investigating. It was the final EHC Plan which set out the support Miss X’s daughter would receive. It was issued under two months late and before the start of term. Miss X has explained the impact the delay has had on her daughter. But I do not consider the personal injustice to be significant enough to warrant us investigating.
Final decision
We will not investigate Miss X’s complaint because the injustice caused is not significant enough to warrant an investigation.
Investigator's decision on behalf of the Ombudsman