Summary: We will not investigate this complaint that the Council failed to ensure Ms X’s child’s Special Educational Needs (SEN) provision was met. This is because the Council has offered an appropriate remedy, so investigation would not lead to a different outcome. We cannot investigate actions by the school unrelated to the delivery of SEN provision.

The complaint

1. Ms X complains that the Council failed to ensure the provision in her child Z’s Education Health and Care (EHC) Plan was met and about Z’s previous school and its decision to accept funding for provision not in Z’s EHC Plan.

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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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We cannot investigate complaints about what happens in schools unless it relates to special educational needs, when the schools are acting on behalf of the council to secure educational provision as set out in Section F of the young person’s Education, Health and Care Plan.

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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

6. Ms X’s child Z has an EHC Plan which includes Speech and Language Therapy (SaLT). Ms X complained to the Council that the SaLT provision had not been met for a whole school year and that Z’s school had received additional finding for provision that wasn’t provided as it was not in Z’s EHC Plan.
7. I will not investigate Ms X’s complaint that the Council failed to meet Z’s SaLT provision. This is because the Council has accepted that 12 sessions were missed and offered Ms X a payment of £900 to remedy the injustice this caused, along with a payment of £150 to recognise the time and trouble she went to pursuing the matter. This is a proportionate remedy to the injustice caused to Ms X and Z and therefore further investigation would not lead to a different outcome.
8. I cannot investigate Ms X’s complaint that Z’s school accepted additional funding for provision not provided. This is because this is not a complaint about the schools delivery of SEN provision detailed in Z’s EHC Plan and is therefore out of our jurisdiction.

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Final decision

9. We will not investigate Ms X’s complaint because investigation would not lead to a different outcome and we cannot investigate other actions by the school separate to the delivery of provision in Z's EHC Plan.

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Investigator's decision on behalf of the Ombudsman