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 a decision on a separate complaint.

The complaint

1. Mrs X complained the Council had not ensured her daughter’s (Y’s) school was delivering the provision specified in her Education Health and Care Plan (EHC Plan). She wants the Council to hold Y’s annual review early and to address her concerns about the missed provision.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

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. The Council has not responded to this new complaint. We expect the Council to consider complaints before we will investigate. We therefore need to decide whether the Council’s current handling of her complaints is fault before we will consider Mrs X’s new complaint.

Back to top

Final decision

8. We will not investigate Mrs X’s complaint because we will not consider the substantive matter until we have made a decision on a separate complaint.

Back to top

Investigator's decision on behalf of the Ombudsman