Coventry City Council (22 011 965)

Category : Education > Special educational needs

Decision : Closed after initial enquiries

Decision date : 23 Jan 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint that a child was not receiving all the provision detailed in their Education Health and Care plan. This is because the Council accepted that the provision was not in place and has arranged the required provision. Further investigation would not lead to a different outcome.

The complaint

  1. The complainant, who I will call Mrs X, complains that the Council failed to arrange the Speech and Language Therapy (SaLT) detailed in her daughter’s Education Health and Care (EHC) plan.

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The Ombudsman’s role and powers

  1. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mrs X complained to the Council that her daughter had not been receiving the SaLT provision as detailed in her EHC plan.
  2. I will not investigate Mrs X’s complaint. The Council has accepted that the provision was not being met, it apologised and arranged the provision for the following school year. The sessions are now underway and reviews of her daughter’s progress have been carried out. Further investigation into this complaint would not lead to different outcome.

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Final decision

  1. We will not investigate Mrs X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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