The Ombudsman's final decision
Summary: We will not investigate this complaint about an Education, Health and Care (EHC) Plan review. The Council have offered a suitable remedy.
The complaint
Mrs X complains the Council delayed reviewing her child’s Education Health and Care (EHC) Plan and did not circulate the required information before the review.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended) The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended) The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the SEND Tribunal in this decision statement.
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 has a child Y who has an EHC Plan.
Mrs X complains Y’s annual review was delayed by five months and information was not circulated two weeks in advance of the review meeting.
The Council have apologised and offered a symbolic payment of £100 to recognise the frustration uncertainty caused. This is a suitable remedy in line with our remedy’s guidance.
Mrs X also complained the Council were consulting schools when she felt Y still required an education other than at school (EOTAS).
The Council explained they need to keep the provision under review and ensure it remains the most appropriate for Y.
The SEND Tribunal considers appeals against the content of EHC Plans. It would be reasonable for Mrs X to appeal to the tribunal if she is unhappy with the contents of an EHC Plan.
Final decision
We will not investigate Mrs X’s complaint. The Council have offered a suitable remedy.
Investigator's decision on behalf of the Ombudsman