The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint that the Council delayed in finalising her son, Mr Z’s, Education, Health and Care Plan. The Council has taken appropriate action to remedy the injustice these delays caused. Therefore, we could not add to the Council’s previous investigation.
The complaint
Mrs X complains the Council delayed in finalising her son, Mr Z’s, Education, Health and Care Plan (EHC Plan).
She says that as a result, he has missed out on education, failed his exams and was removed from his course.
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 we could not add to any previous investigation by the organisation. (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
The Council agreed to carry out an education and heath care needs assessment in the May of Mr Z’s GCSE exam year. It decided to issue Mr Z with an EHC Plan and began the process. Mr Z subsequently began a post-16 educational course.
The Council delayed in finalising Mr Z’s EHC Plan for around 2 ½ terms. During this time Mr Z accessed very little education.
The Council offered Mrs X £3,250 to remedy the injustice these delays caused. Mrs X accepted this.
We will not investigate this complaint. The Council has offered a remedy that is in line with the Ombudsman’s approach to this type of complaint, when based on the individual circumstances of this case. Further investigation would, therefore, not add to the Council’s previous investigation.
Final decision
We will not investigate Mrs X’s complaint because further investigation would not add to the Council’s previous investigation.
Investigator's decision on behalf of the Ombudsman