The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council not providing the educational provision specified in an Education, Health and Care plan. The Council has accepted it was at fault and provided a suitable remedy for any injustice caused. Further investigation by the Ombudsman would not lead to a different outcome.
The complaint
Mrs X complained the Council had not provided the educational provision, set out in her grandchild’s, Y’s Education, Health and Care plan (EHC plan) since June 2023. She said that had affected his wellbeing.
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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mrs X’s complaint about the Council’s failure to provide Y an education since June 2023. That is because the Council has fully upheld this complaint and offered Mrs X and Y a financial remedy for missed provision and any injustice caused. It has backdated that remedy until March 2023, because it delayed in issuing Y’s final EHC plan.
The remedy offered by the Council is in line with our Guidance on Remedies, therefore further investigation by us would not lead to a different outcome.
Final decision
We will not investigate Mrs X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman