The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about support provided to his child in a preschool setting.
The complaint
The complainant, whom I shall call Mr X, says the Council has reorganised pre school special educational needs support and this has detrimentally affected his child, D’s support.
The Ombudsman’s role and powers
We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s child, D, who is three years old, attends a pre school. Mr X says D has special education needs. Mr X says the Council has reorganised special educational needs support. He says this means the support D is now getting is substantially lower, and of a sub standard, in terms of training and skills.
We can only investigate complaints about what happens in schools if: it is about special educational needs and the school is acting on behalf of the Council to secure educational provision as set out in Section F of the young person’s Education, Health and Care Plan (EHC Plan).
D does not have an EHC Plan.
Final decision
We cannot investigate Mr X’s complaint because we cannot investigate support provided in pre school settings.
Investigator's decision on behalf of the Ombudsman