• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• What I found
• Final decision

The Ombudsman's final decision:

Summary: Mr D complains the Council failed to review and update his Education Health and Care (EHC) plan which resulted in him being unable to access an apprenticeship scheme. During the investigation the Council accepted fault in its actions and agreed to apologise, pay Mr D a symbolic payment and review his EHC plan. We have discontinued the investigation as Mr D is happy with this result and it is disproportionate to investigate the matter further.

The complaint

1. Mr D complains the Council failed to review his Education Health and Care (EHC) plan when he moved into the area and delayed in offering him suitable educational provision. This has meant Mr D had not had the educational support he has needed.

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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 there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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How I considered this complaint

5. I spoke with Mr D’s representative, considered his complaint, and made enquiries of the Council.
6. Mr D and the Council had the opportunity to comment on a draft decision. I considered any comments received before reaching a final decision.

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What I found

7. Since making enquiries of the Council it has accepted fault. The Council has met with Mr D, apologised in person, and provided a letter of apology. The Council has agreed to pay Mr D £3000, a symbolic payment in recognition of the effect of the delays in reviewing his EHC plan. The Council has also agreed to complete a EHC plan review when Mr D moves into accommodation in a new area, and wait six months before transferring responsibility of his EHC plan to the new Council. Mr D is happy with this result.

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Final decision

8. Mr D is happy with the Council’s actions and I have therefore discontinued my investigation and closed the complaint.

Investigator decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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