Summary: We will not investigate this complaint about delays in the Education, Health and Care Plan process. This is because the complaint is made on behalf of a public body and is therefore outside our jurisdiction.

The complaint

1. The complainant, whom I shall refer to as Mrs X, works for a school. Mrs X complained about the time taken by the Council to deal with a request for an Education, Health and Care Plan.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. We cannot investigate Mrs X’s complaint. This is because it is made on behalf of a school which is a public body. This places it outside our jurisdiction as explained in paragraph 3. We have no discretion in this matter.

Back to top

Final decision

7. We cannot investigate Mrs X’s complaint because it is made on behalf of a public body.

Back to top

Investigator's decision on behalf of the Ombudsman