Summary: We will not investigate Ms X’s complaint about the Council’s handling of Mr Y’s transfer request to another college. This is because any fault has not caused a significant enough injustice to justify our involvement.

The complaint

1. Ms X complained about the Council’s delays and poor communication in handling her family member’s, Mr Y’s application to transfer to a special post-16 institution.
2. She said the uncertainty around Mr Y's placement caused avoidable distress over the summer and forced her to repeatedly chase the Council for updates. Ms X wants an apology, as she feels the Council's response failed to acknowledge the impact on her family. She also recommends training for staff to prevent delays and ensure quicker processing of similar applications in the future.

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The Ombudsman’s role and powers

3. 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 a significant enough injustice 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))

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How I considered this complaint

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

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My assessment

The process for Post-16 in year transfer 

6. For young people moving between post-16 institutions, the council should normally complete the review process by 31 March where a young person is expected to transfer to a new institution in the new academic year. However, transfers between post-16 institutions may take place at different times of the year and the EHC Plan review process should take account of this. In all cases, where a young person is planning to transfer between one post-16 institution and another within the following 12 months, the council must review and amend, where necessary, the young person’s EHC Plan. This must be at least five months before the transfer takes place.

Ms X’s complaint

7. Mr Y has an Education and Health Care (EHC) Plan and attended College A when the Council last reassessed him and issued the final EHC Plan. In March 2024, Ms X said they decided, after consulting with College A, Mr Y would leave College A in June 2024.
8. Ms X secured a place for him at College B starting September 2024.College B shared its offer of a placement with the Council who at the time did not know Mr Y planned to transfer to another college.
9. Ms X was responsible for formally requesting the transfer at the time of Mr Y’s annual review in December or if the family did not know at the time, ensuring the Council was informed and could follow its formal process when Mr Y’s decision to move was made. However, the Council only became aware of this request when Ms X prompted it for an update in May 2024. At this time, the Council only had four months to action her request in time for the start of the new academic year in September 2024.
10. As soon as the Council became aware of the request it began formal steps to action Mr Y's placement transfer request, asking College A to carry out an exit assessment to update his EHC Plan. The Council explained to Ms X it needed to follow its formal process to ensure College B’s placement offer was valid. It stated that without completing these steps, it could not formally accept the placement Ms X had already secured. However, further delays caused by problems around sending documents and the summer break meant the Council’s review panel did not hear Mr Y’s case until early September.
11. In August, College B assured Ms X it would continue to hold Mr Y’s place until the Council completed its process. This would have given Ms X some reassurance until the Council confirmed Mr Y’s place in early September 2024. Mr Y started at College B a week late missing its induction week. While the uncertainty around Mr Y’s placement will have caused avoidable distress to the family over the summer, the Council apologised for the delay and frustration this caused. Mr Y only missed the induction week at his new college. Therefore, we will not investigate this complaint, as any fault has not caused a significant enough injustice to justify our involvement and further investigation would not lead to a different outcome.

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Final decision

12. We will not investigate Ms X’s complaint because any fault has not caused a significant enough injustice to justify our involvement.

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Investigator's decision on behalf of the Ombudsman