The Ombudsman's final decision
Summary: We will not investigate this complaint about delays following an Education, Health and Care Plan annual review meeting. This is because the Council has already upheld the complaint and offered Miss X £300. This is a suitable remedy for the injustice caused and further investigation would not achieve anything more.
The complaint
Miss X complained about delays following her child’s (Y) Education, Health and Care (EHC) Plan annual review meeting.
Miss X said this caused stress for her and Y.
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
Miss X complained the Council caused delays following an annual review of Y’s EHC Plan.
The Council delayed by 12 weeks in issuing Y’s amended final EHC Plan following their annual review.
In response to Miss X’s complaint, the Council apologised for the delays caused and offered her a symbolic payment of £300 to acknowledge the frustration and uncertainty caused. This is in line with the Ombudsman’s guidance on remedies. Therefore, further investigation would not achieve anything more.
Final decision
We will not investigate Miss X’s complaint because further investigation would not achieve anything more.
Investigator's decision on behalf of the Ombudsman