Summary: We will not investigate Ms X’s complaint about her child, Y’s Education, Health and Care Plan annual review process. It is unlikely we could add to the Council’s response or achieve a different outcome.

The complaint

1. Ms X complains about failures during her child, Y’s Education, Health and Care (EHC) Plan annual review process. She says the errors caused uncertainty and distress for her and Y and led to Y missing education. She wants the Council to provide a financial remedy for Y’s lost education.

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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))

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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. The Council held an annual review of Y’s EHC Plan in December 2023. It issued a final amended plan in March 2024. Ms X complained that failures during the process had caused her and Y uncertainty and distress, and led to Y missing education.
6. In its complaint response, the Council upheld all of Ms X’s complaints. It accepted:
• it had not gathered Y’s views as part of the annual review process.
• there was confusion about whether Y may need to move to a post-16 setting from September 2024. This had caused uncertainty and distress for Ms X and Y, and impacted on Y’s wellbeing, leading to Y missing education.
• delays in its complaints handling.
7. As a remedy for the injustice caused, the Council offered Ms X:
• £1500 in recognition of Y’s missed education resulting from the impact of the Council actions on their wellbeing.
• £200 to acknowledge poor complaints handling.
• to write an apology letter to Y, to acknowledge the impact of the faults on their wellbeing.
• to arrange a meeting with the Council and Y’s school to explore additional support for Y to enable them to return to school.
8. We will not investigate this complaint. The Council has upheld Ms X’s complaints and accepted its actions caused her and Y uncertainty and distress. The final amended EHC Plan was issued in March 2024, naming Y’s current school, ending the uncertainty about Y’s educational placement for the next academic year. The Council has offered an appropriate remedy to acknowledge the impact on Y and the distress caused. It is unlikely an investigation by us could add to the Council’s response or achieve anything more.

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Final decision

9. We will not investigate Ms X’s complaint because it is unlikely we could add to the Council’s response or achieve anything more.

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Investigator's decision on behalf of the Ombudsman