The Ombudsman's final decision
Summary: We cannot investigate Mrs X’s complaint about how Oxfordshire County Council assessed the special educational needs of her daughter. Mrs X has appealed to the Special Educational Needs and Disability Tribunal.
The complaint
Mrs X says Oxfordshire County Council (the Council) did not correctly record her daughter’s (Y) special educational needs in the Education, Health and Care (EHC) plan.
The Ombudsman’s role and powers
We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended) SEND is a tribunal that considers special educational needs. (The Special Educational Needs and Disability Tribunal (‘SEND’)).
A child with special educational needs may have an EHC plan. This sets out the child’s needs and what arrangements should be made to meet them. The EHC plan is set out in sections. We cannot direct changes to the sections about education or name a different school. Only the SEND Tribunal can do this.
How I considered this complaint
I have considered Mrs X’s information and spoken to her on the phone.
Mrs X had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
In March 2021, an Occupational Therapist for a local NHS Trust assessed Y at her school as part of the EHC needs assessment.
The Council issued Y’s EHC plan in March 2021, before the Occupational Therapist submitted their report to the Council.
In May 2021, the Council amended Y’s EHC plan to include the Occupational Therapist’s report.
Mrs X appealed to the SEND Tribunal about the descriptions of Y’s special educational needs.
In June 2022, the SEND Tribunal made many recommendations to the Council to amend Y’s EHC plan.
I will not investigate this complaint because it is outside the Ombudsman’s jurisdiction. Mrs X has appealed to the SEND Tribunal about Y’s special education needs.
Mrs X says the Occupational Therapist’s assessment was flawed, which was part of the reason she appealed to the SEND Tribunal. Mrs X argued Y’s special educational needs were different than recorded in the EHC plan. The SEND Tribunal has already considered Mrs X’s arguments and recommended changes to the EHC plan. Therefore, I will not consider this complaint about the Council.
Final decision
I cannot investigate Mrs X’s complaint about how the Council assessed Y’s special educational needs. Mrs X has appealed to the SEND Tribunal.
Investigator's decision on behalf of the Ombudsman