Summary: We will not investigate this complaint about delay in issuing an Education Health and Care Plan. The Council has accepted fault and offered an appropriate remedy. Further investigation by the Ombudsman would not lead to a different outcome.

The complaint

1. Miss X complained the Council did not issue her son’s (Y’s), Education, Health and Care Plan (EHC Plan) for his transfer to secondary school on time. She said the Council only issued the EHC Plan after she complained.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
3. 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

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. The council must review and amend an EHC Plan in enough time before to a child or young person moved between key phases of education. This allows planning for and, where necessary, commissioning of support and provision at the new institution. The review and any amendments must be completed by 15 February in the calendar year in which the child is due to transfer into or between school phases.

7. In the Council’s complaint response, it accepted it did not complete the EHC plan review for Y by 15 February. It apologised for this and said Y’s name was not on its transfer list. It confirmed it issued Y’s EHC Plan in March. It said it had made service improvements to address the fault and offered Miss X £500 for any distress the delay had caused.
8. As the Council has accepted fault, taken steps to address the issue and provided Miss X a suitable remedy, we will not investigate this complaint. That is because I am satisfied the Council’s actions have remedied any injustice caused, and further investigation by the Ombudsman would not lead to a different outcome.

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Final decision

9. We will not investigate Miss X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman