The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council failing to provide a sufficient personal budget that would enable the family to deliver the bespoke education other than at school package as outlined in her child’s education, health and care plan. This is because an investigation would not lead to any worthwhile outcomes.
The complaint
Mrs X complains the Council failed to provide a sufficient personal budget that would enable the family to deliver the bespoke education other than at school (EOTAS) package as outlined in her child’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 an investigation if we decide there is no worthwhile outcome achievable by our investigation. (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
Mrs X’s child has an EHC plan. Mrs X says the personal budget allocated is not sufficient for her to deliver her child’s EOTAS package.
In response to our enquiries, the Council confirmed it met with Mrs X to discuss her personal budget request and to gather further information about how each part supported the provision as set out in the EHC plan. During the meeting, the Council completed the revised personal budget request with Mrs X and submitted it to the relevant panel for consideration.
An investigation is not justified because it would not lead to any worthwhile outcomes. This is because the Council said the panel reviewed the personal budget request, agreed it, and backdated the payment to September 2024.
Final decision
We will not investigate Mrs X’s complaint because an investigation would not lead to any worthwhile outcomes.
Investigator's decision on behalf of the Ombudsman