The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about delivery of occupational therapy. The Council have offered a suitable remedy.
The complaint
Mr X complains the Council failed to deliver the occupational therapy provision in his child’s Education, Health and Care (EHC) Plan.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended) Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has a child Y. Y has an EHC Plan and received education other than at school.
Mr X complains the Council failed to provide the education provision Y was entitled to under their EHC Plan. The missed provision consisted of one hour of occupational therapy each half term.
The Council have accepted the therapy was not delivered. They have apologised and offered a symbolic payment in recognition of the missed therapy. They have also offered a symbolic payment for the frustration and distress. This is a suitable remedy in line with our guidance.
Final decision
We will not investigate Mr X’s complaint. The Council have offered a suitable remedy.
Investigator's decision on behalf of the Ombudsman