The Ombudsman's final decision
Summary: We will not investigate Ms M’s complaint about delay by the Council sending her daughter’s education, health and care (EHC) plan to her school, and a telephone conversation about the matter, because the injustice is not significant enough to justify our involvement.
The complaint
Ms M complains about delay by the Council sending her daughter’s education, health and care (EHC) plan to her school. The Council issued the final plan on 4 September 2024. Ms M contacted the Council on 19 September 2024 because the school had not received the plan. The Council sent the plan to the school the same day. Ms M complains the person she spoke to was rude and dismissive.
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, or we could not add to any previous investigation by the organisation, or 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 Ms M.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council explained there had been an administrative error and apologised.
Unhappy with the Council’s response, Ms M complained to us on 16 May 2025. She wants an investigation, an apology, assurances, and compensation for delay and distress to her and her daughter.
The school was without the plan for two weeks.
It is unlikely we could investigate what was said in a telephone conversation that happened almost twelve months ago.
Ms M says the person she spoke to was rude and dismissive. Nevertheless, it appears the person she spoke to sorted out the problem straight away.
There is insufficient injustice to justify our involvement. We could not add to the Council’s response, and there is no worthwhile outcome achievable now the Council has sent the plan to the school.
Final decision
We will not investigate Ms M’s complaint because the injustice is not significant enough to justify our involvement.
Investigator's decision on behalf of the Ombudsman