Summary: We will not investigate Mrs X’s complaint about delays on issuing an Education Health and Care Plan. We cannot investigate issues in a Tribunal appeal. Any delay separate from that, is not significant enough to justify any further remedy.

The complaint

1. The complainant, whom I shall call Mrs X, says the Council delayed in amending her child, Y’s, Education Health and Care Plan (EHC Plan).

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

6. Mrs X says she believed the school Y attended could no longer meet their needs. She says this was discussed at an annual review in April 2022. Following an annual review the Council has to issue an amendment notice within four weeks if it intends to amend its EHC Plan. It took a few weeks longer. It then issued a final EHC Plan. That was issued within 12 week of the annual review.
7. Mrs X disagreed with the EHC Plan. She appealed it to the Tribunal SEND. She says that a week before the hearing, the Council conceded. She says it should have done so months before. She says Y went without the education support they needed during this delay.
8. We cannot investigate any delays during the Tribunal appeal.
9. We cannot investigate the education support provided during the appeal, as what education support Y should receive was the subject of the appeal.
10. The delay between the annual review and the Council providing its amendment notice is not significant enough to justify an investigation. Nor does it justify a remedy further to the apology already given.

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Final decision

11. We will not investigate Mrs X’s complaint because we cannot investigate issues in a Tribunal. And the delay we can look at is not significant enough to justify any further remedy.

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Investigator's decision on behalf of the Ombudsman