Summary: We will not investigate Miss X’s complaint about the Council’s delay in arranging a personal budget to meet her son’s educational provision. This is because an investigation would not lead to a different outcome.

The complaint

1. Miss X complains about the Council’s delay in meeting the educational provision in her son’s Education Health and Care (EHC) Plan. She says the Council has agreed to backdate direct payments to allow for catch up provision, but she wants a one off payment to buy her son a laptop.

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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:

• 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))

Add pv19 sp

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How I considered this complaint

3. I considered information provided by Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. A previous investigation by the Ombudsman in October 2024 found the Council should issue a final amended EHC Plan and decide whether it will fund a personal budget to meet the provision through direct payments.
6. In November 2024 the Council produced an amended EHC Plan and agreed to a personal budget with payments to be backdated from September 2024.
7. Miss X asked the Council for an award in line with the Ombudsman’s guidance for missed educational provision from September 2024 to December 2024 (when the payments began). Also, for an additional award of distress to her son for the missed provision.
8. However, the Council considered the backdated payments could be used for catch up tuition. And noted the personal budget would allow for flexibility of when sessions would take place and allow for more sessions at a pace which would suit Miss X’s son. While Miss X disagrees with the Council’s view on catch up provision, we cannot question the merits of its decision where it has followed a proper decision making process.
9. The Council’s decision is in line with our guidance on remedies, which allows for catch up provision as a remedy, where this is suitable. I do not consider there is a further significant injustice that requires a remedy. Therefore, an investigation by us would not lead to a different outcome.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman