The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s failure to provide support set out in an Education Health and Care Plan. It is unlikely we would find fault.
The complaint
Miss X says the Council has failed to ensure an Education Health and Care Plan (EHC Plan) is delivered.
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: there is not enough evidence of fault to justify investigating; or any fault has not caused injustice to the person who complained; or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Miss X which included the Council’s reply.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X’s child has an EHC Plan. She says the school is not providing the support set out in the EHC Plan.
We previously considered and decided a complaint, in February 2024, from Miss X about EHC Plan matters including failure to provide that EHC Plan. This means this decision can only look at provision from February 2024 onwards.
The Council replied to Miss X’s complaint in early April 2024. It referred to action taken because of Miss X’s pre action protocol letter. It had checked and satisfied itself that the EHC Plan was being provided.
Miss X has provided an email from the school from late May 2024 saying a new school plan has been developed and is now being implemented. There is no evidence the Council knew this was the school’s view.
Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
Considering the steps the Council took when deciding whether the EHC Plan was being provided it is unlikely we would find Council fault. The EHC Plan was amended and reissued in early May 2024. Any delay in implementing the changes is not significant enough to justify an investigation.
Final decision
We will not investigate Miss X’s complaint because it is unlikely we would find fault.
Investigator's decision on behalf of the Ombudsman