The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the review of her child’s Education, Health and Care Plan. This is because further investigation would not lead to a different outcome.
The complaint
Miss X complained the Council failed to update her child’s Education, Health and Care (EHC) Plan after an annual review meeting. She said her child missed many classes at his current school, and it is now too late for him to move schools. She would like the Council to update her child’s 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and s34H(1), as amended)
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained the Council failed to update her child, Y’s EHC Plan after an annual review in January 2025. She complained to the Council in March 2025.
In its complaint response, the Council apologised to Miss X for the delay in updating Y’s EHC Plan. It acknowledged the plan should have been issued in February 2025 and had been delayed by over 34 weeks. It also apologised for communication issues with Miss X, and a delay in responding to her complaint about the matter.
The Council offered Miss X and her family a symbolic remedy payment for the distress and time and trouble raising her complaint.
The Council also provided evidence that Y’s EHC Plan had been updated following an annual review.
We will not investigate this complaint because further investigation would not lead to a different outcome. The Council has apologised, offered a symbolic payment in line with the Ombudsman’s Guidance on Remedies, and issued an updated EHC Plan. These are appropriate actions to remedy Miss X’s complaint.
Final decision
We will not investigate Miss X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman