The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with the review of a child’s Education Health and Care Plan. This is because further investigation would not lead to a different outcome and because there is insufficient evidence of fault.
The complaint
Miss X complains that her daughter Z went without education due to delays by the Council in completing an annual review of Z’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: there is not enough evidence of fault to justify investigating, 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council held an annual review of Z’s Special Educational Needs in July 2024, after she stopped attending school. It issued a final amended EHC Plan in October 2024. Z’s school offered tuition at a hub and at home, but this was declined.
I will not investigate Miss X’s complaint about delays issuing an EHC Plan following the review held in July 2024. This is because the Council has apologised to Miss X for the delay. Considering the circumstances of the case including the length of delay I consider this to be an appropriate response and therefore conclude that investigation would not lead to a different outcome.
I will not investigate Miss X’s complaint that Z missed out on education whilst the Council completed the annual review process. This is because it is unlikely we would find the Council to be at fault. The Council appears to have fulfilled its legal duty by offering what it considered to be suitable alternative provision for Z’s needs.
Final decision
We will not investigate Miss X’s complaint because further investigation would not lead to a different outcome and because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman