The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of the Education, Health and Care planning process. There is insufficient evidence of fault to warrant an investigation.
The complaint
Miss X complains the Council did not properly consider information from specialist professionals when drafting her child’s Education, Health and Care (EHC) Plan. She says some information was missing or inaccurate and the provision was not clearly set out.
Miss X complains the Council did not include all the relevant and required information in the draft EHC Plan when it offered to meet with her to discuss her child’s EHC Plan. Miss X complains she was denied meaningful participation in developing the EHC Plan when the Council said she could only make oral representations regarding the incomplete draft EHC Plan.
Miss X also complains about the Council’s handling of sensitive information about her child.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 any injustice is not significant enough to justify our involvement, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), 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 Tribunal in this decision statement.
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 her child’s draft EHC Plan contained incorrect and missing information, including medical and specialist advice. Miss X also said the Occupational Health assessment was not appropriate for her child’s needs and provision in Section F was not clearly set out.
The Council explained it had to follow statutory timescales for the EHC process and was not responsible if other parties did not provide the requested information on time. It said it had changed the initial occupational therapy provider at Miss X’s request, but she has since asked for a further change. There is not sufficient evidence of fault by the Council to warrant an investigation. If Miss X considers Sections B or F of the EHC Plan contains missing or incorrect information, Miss X can appeal to the Tribunal.
Miss X complained the Council did not have all the relevant and required information in the draft EHCP when it offered her an oral representation meeting to discuss her child’s draft EHC Plan. The Council had requested information as required from relevant professionals for the EHC Plan. The Council is not responsible for other organisations providing late information and must follow statutory timescales. Therefore, the Council acted in line with statutory guidance when it offered Miss X an oral representation meeting to discuss her child’s draft EHC Plan even though not all information requested had been provided. Miss X had the opportunity to meaningfully participate in the development of her child’s EHC Plan because the Council offered her a meeting to make oral representations and she could also make written representations about the available evidence. There is not sufficient evidence of fault or injustice to warrant an investigation. Miss X can appeal to the Tribunal if she considers the EHC plan does not meet her child’s needs.
Miss X also complained about how the Council was managing sensitive information about her child. I will not investigate this matter because Miss X can refer it to the Information Commissioner.
Final decision
We will not investigate Miss X’s complaint about the Council’s handling of the Education, Health and Care planning process. There is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman