Summary: We will not investigate this complaint about the Council failing to secure the special educational provisions set out in Ms X’s child’s Education, Health, and Care plan. This is because there is insufficient evidence of fault. In addition, an investigation would not lead to a different outcome.

The complaint

1. Ms X complains the Council failed to secure the special educational provisions set out in her child’s Education, Health, and Care (EHC) plan. She also complains the Council delayed in holding her child’s annual review.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Ms X’s son had a planned medical procedure which meant he was going to be absent from college. Ms X says the support put in place by the college was not suitable and did not meet the special educational needs (SEN) provisions specified in her child’s EHC plan.
6. The Council explained the child’s college was aware of the planned medical procedure and had taken steps to put in place reasonable adjustments to cover the period, November 2022 to January 2023, the child would not be able to attend school. The Council said the college did not notify them of the planned adjustments nor request any support.
7. The Council said the college put the following adjustments in place:
• Lessons streamed online.
• Oversight from tutors.
• Support worker attended classes for child to take notes, which were dropped off to child weekly.
• Support worker completed regular check ins with the child.
• Small group tuition.
8. The Council said Ms X only made it aware she considered the arrangements unsuitable from January 2023.
9. The Council accepted there had been a delay with holding the annual review. The Council said the annual review should have been held by January 2023, but was not completed until February 2023 (a delay of around a month). The Council has apologised for this. I am satisfied no further remedy is necessary given the circumstances.
10. An investigation is not justified as we are unlikely to find fault with the Council. This is because the Council was not aware of Ms X’s concerns about the suitability of the arrangements made by the college until January 2023.
11. The Ombudsman would not expect the Council to keep a watching brief as the expectation would be for the college to deliver the specified SEN provisions as the named provision. We would only expect the Council to intervene from the point it was made aware, either by the parent or from the educational placement, the provisions arranged were unsuitable.
12. The annual review process is a mechanism to ensure the Council can check in on the provisions to ensure they are suitable. However, in this case, even if there had been no delay in the annual review process, this would not have meant the Council would have been aware of the concerns earlier. This is because the annual review should have been held in January 2023, and this was the same month Ms X made the Council aware of her concerns about the suitability of the arrangements.

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Final decision

13. We will not investigate Ms X’s complaint because there is insufficient evidence of fault. In addition, an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman