Lancashire County Council (23 007 584)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 17 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate Dr X’s complaint about the school nursing service at the Council. This is because there is no indication of serious injustice caused by any fault.
The complaint
- Dr X complains about the school nursing service at Lancashire County Council (the Council). In particular she complains the school nursing service failed to secure support from Early Help to put her child, Y, on the pathway for an autism assessment or to liaise with the school effectively in summer 2022.
- Dr X says the failings meant Y was unsupported and their attendance at school declined and eventually failed in February 2023. Dr X says she needed to seek a private autism assessment for Y.
The Ombudsman’s role and powers
- 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 there is not enough evidence of fault to justify investigating, or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- HCTG Care Group provide school nursing services for the Council. HCTG responded to Dr X’s complaint. However, the Council retains responsibility for the school nursing services and any findings by the Ombudsman are about the Council.
My assessment
- In July 2022 Dr X told the school nurse Y was struggling emotionally. She also said Y had seen a private educational psychologist and they noted the possibility Y may be autistic.
- The school nurse gave Dr X information about Autistic Spectrum Disorder (ASD) Northwest and suggested the school submitted a request for support. The complaint response from HCRG states this was done, although the exact timing is not confirmed. However, health records show Y was confirmed as being accepted onto the pathway for an assessment of ASD in October 2022. There was a waiting list for assessment and Y did not receive an appointment until July 2023.
- HCRG explained in its complaint response that schools are best placed to make referrals for autism assessment because a lot of information is needed about a child’s behaviours and difficulties within schools as well as at home. Schools hold a lot of this information. However, HCRG accepted communication between the school nurses and the school could have been improved. This may have made the referral process slightly quicker, but given the waiting list, this is unlikely to have made a significant difference.
- Therefore, although the Council accepted some fault in communication, this does not appear to have had a significant effect on Y’s referral. Dr X sought a private autism assessment for Y in July/August 2022. Given the waiting list for assessment was around nine months, I do not consider we could link any fault with communication with the decision to seek a private opinion given this was done at a similar time as the contact with the school nurses.
- The Ombudsman cannot consider any complaints about the school’s actions.
Final decision
- The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of serious injustice as a direct result of the Council’s actions.
Investigator's decision on behalf of the Ombudsman