Summary: We will not investigate Mrs X’s complaint about the support and advice provided by the Council’s special educational needs and disability information, advice, and support service (SENDIASS). This is because there is insufficient evidence of fault.

The complaint

1. Mrs X complains about the support and advice provided by the Council’s SEND information, advice, and support service (SENDIASS). She considers the service provided misleading advice to her as they are only interested in protecting schools and the Council.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. SENDIASS is a free, impartial, and confidential service that operates at arm’s length from the Council. It is a statutory service supporting parents/carers of children with special educational needs and disabilities (SEND) and children and young people with SEND. Their role is to help parents/carers, children and young people build their knowledge, and confidence in SEND law, procedures, policies, and practices, to enable them to communicate their own needs, wishes, and rights.
6. Mrs X referred into SENDIASS in July 2023 due to being unhappy about her child’s school’s decision to place them in a particular class.
7. Council detailed the communication and action the SENDIASS officer had completed whilst working with Mrs X. This included sending emails to the school on Mrs X’s behalf, attending meetings with Mrs X to provide support, providing advice on options regarding change of placement, and signposting to other organisations.
8. Mrs X was concerned about disability discrimination and the SENDIASS officer provided Mrs X with information about submitting a disability discrimination appeal with the SEND Tribunal. Mrs X was unhappy about the support provided by SENDIASS regarding this.
9. However, the Council explained the service had told Mrs X it had limited experience with disability discrimination appeals and that these appeals were very different from the SEND appeal process. It also told Mrs X the service was not qualified to make legal representation, could not submit the appeal for Mrs X, and could not act as a witness in the case.
10. An investigation is not justified as we are not likely to find fault. This is because the evidence shows SENDIASS acted within their remit to provide Mrs X with impartial advice on her case.
11. I acknowledge Mrs X feels the service provided her with misleading information. However, I do not consider the evidence supports this as SENDIASS provided Mrs X with sufficient and relevant information to allow her to make an informed decision on how to proceed should she remain unhappy with her child’s educational provision and placement.

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Final decision

12. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman