Summary: We will not investigate this complaint about delay in issuing an Education, Health and Care Plan. The injustice caused by the delay was not significant enough to warrant an investigation.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained the Council delayed in issuing her child’s Education, Health and Care Plan (EHC Plan) following a successful appeal to the SEND Tribunal.

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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 any injustice is not significant enough to justify our involvement. (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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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Final decision

5. We will not investigate Mrs X’s complaint. The Council was just under a week late issuing the EHC Plan. The injustice caused to Mrs X was not significant enough to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman