Summary: We will not investigate this complaint about the Council’s failure to make educational provision for the complainant’s daughter. This is because the complaint has been upheld and investigation would not lead to a different outcome.

The complaint

1. The complainant, who I will refer to as Ms X, complains that the Council failed to make appropriate educational provision for her daughter throughout the 2022/2023 school year.

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The Ombudsman’s role and powers

2. 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, or further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X’s daughter has special educational needs and an Education Health and Care Plan. Miss X complains that, due to fault on the Council’s part, her daughter was left without appropriate provision for the 2022/2023 school year. As a result, she was compelled to try to meet her daughter’s needs at home. This had a negative impact on her welfare and that of her children.
6. The Council has upheld Ms X’s complaint, accepting that it was at fault throughout the period. It has apologised and offered a financial remedy.
7. The Ombudsman will not investigate Ms X’s complaint because investigation would not lead to a different outcome. The complaint has already been upheld and the remedy the Council has offered is in line with what we would seek to achieve in the circumstances of the case. Our intervention is not therefore warranted.

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Final decision

8. We will not investigate Ms X’s complaint because investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman