The Ombudsman's final decision
Summary: We will not investigate this complaint about delays in the review of an Education, Health and Care Plan. This is because the accepted fault did not cause significant injustice. In addition, an investigation is unlikely to achieve any worthwhile outcome.
The complaint
Mr X complains the Council have delayed reviewing his child, Y’s, Education, Health and Care (EHC) plan.
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: any injustice is not significant enough to justify our involvement, 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 the information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s child, Y is due to transfer to a post 16 collage.
As Y is transferring from one post 16 institution to another post 16 institution, the Council had a duty to review amend the EHC plan at least five months before the transfer. Y’s EHC Plan was not finalised until approximately two months before the transfer. This was a delay of just over three months.
In its complaint response, the Council recognised there had been delay and issued an apology to Mr X.
While there was a three-month delay in the issuing of Y’s EHC Plan, I note the delay did not prevent Y from accessing their planned collage placement and did not result in Y missing any educational provision.
I recognise the delay will have caused Mr X uncertainty and distress. However, the injustice is not significant enough to warrant an investigation. Further, an investigation is unlikely to achieve a different outcome given the final EHC plan has now been issued naming Mr X’s preferred placement.
Final decision
We will not investigate Mr X’s complaint because the accepted fault did not cause significant injustice. In addition, an investigation is unlikely to achieve any worthwhile outcome.
Investigator's decision on behalf of the Ombudsman