Summary: Mrs M complains about the delivery of the special educational provision in her daughter’s Education, Health and Care (EHC) Plan. She is unhappy with the Council’s response to her complaint. We are satisfied the Council took appropriate action in response to Mrs M’s concerns.

The complaint

1. Mrs M complains about the delivery of the special educational provision in her daughter’s Education, Health and Care (EHC) Plan. She is unhappy with the Council’s response to her complaint.

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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. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

3. I have considered information provided by Mrs M and the Council. I invited Mrs M and the Council to comment on my draft decision.

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What I found

4. Mrs M’s daughter, G, has an Education, Health and Care (EHC) Plan maintained by the Council. The Council issued G’s first EHC Plan on 12 October 2023. The Council issued a further Plan on 6 November 2023 following amendments. G was in her final year of primary school.
5. Mrs M contacted the Council on 11 December 2023 to report problems. She listed a number of concerns, namely:
• she had been unable to meet with G’s teachers since a parents evening at the beginning of November 2023 when neither teacher had been aware of G’s special educational needs;
• she met with the school’s SENCO who gave assurances about provision that would start, but not until January 2024;
• she was told G’s teacher would meet with G, but Mrs M did not believe this would fulfil the requirements of her EHC Plan;
• she did not have a direct email address for G’s teachers and could not be sure they were reading her messages;
• she was still waiting to hear from the Occupational Therapist (OT) about an assessment.
6. Mrs M contacted the Council again on 4 March 2024. She said the school told her it had completed ‘emotional literacy’ work with G and following discussion with the Council had removed this from G’s EHC Plan.
7. The Council responded promptly to explain that if an ‘intervention’ had been completed and was successful, it should not normally be repeated. It could be removed from the Plan at the following annual review. The Council could not comment on the specific intervention Mrs M queried as it had not received a report of its effectiveness.
8. Later the same day, Mrs M asked the Council for an emergency review of G’s EHC Plan. She said she was concerned the school had said it had completed the intervention without evaluating its success. She said she had asked the school for a report several times without success.
9. The Council responded to say the school should be given an opportunity to respond to Mrs M’s concerns. The Council explained that it would support the school to deliver G’s EHC Plan. The Council suggested a meeting with the school to discuss Mrs M’s concerns.
10. Mrs M made a formal complaint to the Council on 17 March 2024. She said the school was under the impression it had completed the ‘emotional literacy’ intervention and despite acknowledging this was an ‘ongoing need’, the Council had refused to take the matter up with the school.
11. Mrs M listed a number of other areas in which she believed the school was not delivering the special educational provision in G’s Plan. These were:
• no weekly 30-minute structured social skills intervention;
• no lunchtime club for structured time with peers;
• no regular breaks from learning, which the school said G had declined;
• no targeted support for G to develop her sense of self;
• delay assigning G a special role (librarian) to develop self-esteem;
• staff had not taken up training in G’s condition;
• an OT had yet to visit to conduct a sensory audit; and
• G was not taking part in physical activity during PE lessons.
12. Mrs M surmised that many other aspects of G’s Plan were probably not being delivered, but she would never know.
13. The Council responded on 5 April 2024. The Council noted there had been correspondence between Mrs M and the school and there was an ‘ongoing conversation’ about meeting G’s needs. The Council directed Mrs M to the school’s complaints process if she remained dissatisfied.
14. The Council said it believed the provision in G’s Plan was either being delivered, or that positive steps were being taken in a timely manner to address any gaps.
15. Unhappy with the Council’s response, Mrs M asked the Council to respond at the second stage of its complaints process. She said she had complained to the school, but it was the Council’s responsibility to ensure the school delivered the provision in G’s Plan. She complained the Council failed to hold the school to account.
16. The Council declined to respond further. Mrs M complained to us.
17. G left the school at the end of the summer term.

Education, Health and Care Plans: the law

18. A child with special educational needs may have an Education, Health and Care (EHC) Plan. An EHC Plan describes the child’s special educational needs and the provision required to meet them.
19. Once the Council has issued a Plan, it must secure the special educational provision specified in the Plan for the child. Councils usually do this through arrangements with a school.
20. We accept it is not practical for councils to keep a ‘watching brief’ on whether schools are providing all the special educational provision in section F for every pupil with an EHC Plan. We consider councils should be able to demonstrate appropriate oversight in gathering information to fulfil their legal duty. At a minimum we expect them to have systems in place to: 
• check the provision is in place when they issue a new or significantly amended Plan and at statutory reviews; and
• quickly investigate and act on complaints or concerns raised that the provision is not in place at any time.

Consideration

21. The Council met with Mrs M and with the school when it first issued G’s Plan.
22. The Council sent me email correspondence between itself, Mrs M and the school which shows the Council and the school engaged constructively with Mrs M’s concerns about the delivery of the special educational provision in G’s Plan. The Council met with Mrs M and the school to discuss Mrs M’s concerns.
23. I can see, for example, that the school produced a report following an emotional literacy intervention, staff undertook training in G’s condition, G was appointed as a librarian.
24. I am satisfied the Council took the necessary steps to:
• check the provision was in place when it first issued G’s EHC Plan; and
• respond to Mrs M’s concerns and subsequent complaints.
25. While it is clear not everything went as smoothly as Mrs M wanted, the correspondence satisfies me the Council took her concerns seriously and took appropriate action where necessary to support the school to deliver G’s Plan.

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Final decision

26. I have ended my investigation. I am satisfied with the Council’s response to Mrs M’s concerns.

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Investigator's decision on behalf of the Ombudsman