Summary: We will not investigate Mrs X’s complaint the Council has not provided the educational provision specified in her child’s Education Health and Care Plan until, we have made our decision on a separate complaint.

The complaint

1. Mrs X complained the Council had not ensured her son’s (W’s) school was delivering the provision specified in his Education Health and Care Plan (EHC Plan). She said W had missed six sessions of counselling, and it was not being provided by a suitability qualified professional. Mrs X wants the Council to provide a Personal Budget so she can arrange W’s provision.

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The Ombudsman’s role and powers

2. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

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

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My assessment

6. We are currently investigating a separate complaint from Mrs X about the Council’s application of its vexatious complainant policy and its refusal to consider new complaints she makes.
7. We will not start an investigation into Mrs X’s complaint about missed provision until that investigation is complete. We need to decide whether the Council’s current handling of her complaints is fault before we will consider how to respond to new matters.

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Final decision

8. We will not investigate Mrs X’s complaint until we have made a decision on the Council’s application of its vexatious complainant policy.

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Investigator's decision on behalf of the Ombudsman