The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the type of support plans the Council provided. This is because any fault has not caused injustice to Mr X, and there is another body better placed to consider this complaint.
The complaint
Mr X complained the Council failed to provide Child in Need (CiN) plans to children attending a special needs school. He said instead the Council provided plans under Section 2 of the Chronically Sick and Disabled Person’s Act 1970 (CSDPA). Mr X said that the current support plans placed children at a disadvantage. He would like the Council to provide individualised CiN plans to support children and their families.
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 fault has not caused injustice to the person who complained, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained the Council provided support plans to children under Section 2 of the Chronically Sick and Disabled Person’s Act 1970 (CSDPA). He asked the Council to change their policy and offer Child in Need (CiN) plans under Section 17 of the Children Act 1989, which he argued, would offer them more support.
We will not consider Mr X’s complaint. While I recognise that Mr X has strong feelings about this issue, the Council’s actions have not caused him a personal injustice.
Additionally, the Office for Standards in Education Children’s Services and Skills (Ofsted) is responsible for inspecting the Council’s Children’s Service and a range of educational institutions including state schools and some independent schools. It would be appropriate for Mr X to raise his concerns regarding the support plans the Council are using to Ofsted. Osted is in a better position than the Ombudsman to consider this complaint.
Final decision
We will not investigate Mr X’s complaint because any fault has not caused injustice to Mr X and there is another body better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman