The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council not involving Mr B in the process for his child’s Education Health and Care Plan. This is because an Ombudsman investigation would not lead to a different outcome and there is not enough evidence of fault.
The complaint
Mr B complained the Council did not include him in the process for his child’s Education Health and Care Plan (EHC Plan). He also complained about the conduct of a Council officer in an EHC Plan meeting. He says the officer did not invite him to the meeting, engage with him during it and told him he would not be included in future meetings. Mr B says his daughter has been subject to parental alienation and is living in a toxic environment. He complained that this was not taken into consideration by the Educational Psychologist or when drafting his child’s EHC Plan. Mr B wants the Council to acknowledge its failures, including that it has not considered his daughter’s living environment.
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 further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B complains about the conduct of the Council officer in an EHC Plan meeting. The Council in its response has said: It was not the role of the Council officer to invite Mr B to the EHC Plan meeting. The Council has provided guidance which shows it would be the role of the school.
The meeting was conducted over Microsoft Teams and the officer was sharing her screen. Therefore, she could not see Mr B on her screen or that he had his hand raised to ask a question.
The Council officer does not recall saying Mr B would not be included in future meetings.
While I understand Mr B’s frustrations, there is not enough evidence of fault by the Council to justify us investigating. We could not criticise the officer for following the Council’s guidance on arranging EHC Plan meetings or for the issues that occurred using Microsoft Teams.
There are clearly differing recollections of what was said in the meeting. Mr B feels he has not been included in the EHC Plan process. But the Council has apologised for not sending Mr B copies of the draft and final EHC Plan. It has now sent these to Mr B and has assured him he will be included in future annual reviews. It is unlikely we could add anything more to the Council's response or achieve a different outcome.
Mr B also complains that parental alienation was not taken into consideration by the Educational Psychologist or when drafting the EHC Plan. Mr B has written a letter explaining the situation with his daughter. Since receiving the letter, the Council says it has incorporated this into the plan. The Council also says that the Educational Psychologist cannot comment on whether parental alienation is occurring. But given Mr B’s concerns, the Council has followed up with the Educational Psychologist who has said they had no concerns during the meeting that the mother was not meeting the child’s needs.
The Council has included Mr B’s views in the amended plan and followed up with the Educational Psychologist about his concerns. It is unlikely we could add anything more. If Mr B continues to have concerns about his child’s welfare, then he can make a formal referral to the Council.
Final decision
We will not investigate Mr B’s complaint because an Ombudsman investigation would not lead to different outcome and there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman