The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about an educational psychologist’s review of an Educational Health and Care Plan case. The need for reviews is included in a tribunal appeal.
The complaint
The complainant, whom I shall call Miss X, says the Council failed to carry out educational psychologist’s assessments which she says are required by an Education Health and Care Plan (EHC Plan).
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended) The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the SEND Tribunal in this decision statement.
How I considered this complaint
I considered information provided by Miss X which included the Council’s replies.
I considered the Ombudsman’s Assessment Code.
I considered Miss X’s comments on a previous version of this decision.
My assessment
Miss X’s child, Y, has an EHC Plan dated March 2020. It says “education psychologist to review Y’s provision, in discussion with school staff and parents, at least once per academic year, or more often if Y’s needs change significantly”. Miss X says this has not happened. She complained to the Council.
The Council replied in early August 2021. It said an educational psychologist had reviewed the case in November 2021. It accepted this had not happened in the academic year 2020/21. It offered Miss X £150.
Miss X obtained her own education psychologist report in July 2022. She says this shows that Y’s needs had changed. She says it shows the November 2021 review was not adequate. She believes she should have the cost of her private report reimbursed.
Miss X has appealed the current EHC Plan’s content to the Tribunal. She says the education psychologist’s report shows it does not meet Y’s needs.
Analysis Miss X says if the Council had carried out a more thorough educational psychologist review, then the EHC Plan would have been changed. She says the educational psychologist she has employed, says the EHC Plan needs changing, which she says supports her view the Council’s educational psychologist’s review was not adequate. Whether the EHC Plan needs to change is currently being considered by the Tribunal. We cannot investigate issues which a Tribunal is considering.
Final decision
We will not investigate Miss X’s complaint because the issues she complains about are involved in a Tribunal.
Investigator's decision on behalf of the Ombudsman