The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council failing to make suitable and timely arrangements for Miss X’s son’s special educational needs, for the final EHC plan being deficient and not fit for purpose, and for the named placement being unsuitable. This is because it is reasonable to expect Miss X to use her right of appeal to the SEND Tribunal.
The complaint
Miss A complains the Council failed to make suitable and timely arrangements for her son’s special educational needs after he left primary school. She complains: The final EHC plan is deficient and not fit for purpose. This is because it describes provision in the context of a primary, not secondary, school setting.
The educational placement is not suitable for her son’s needs as the school has confirmed it cannot meet her son’s needs.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
All the complaint matters Miss X raised are appealable to the SEND Tribunal. The Council has also advised Miss X she needs to appeal to the SEND Tribunal.
While I note Miss X’s representative does not consider the appeal to be appropriate due to the time it will take for the appeal to be heard, this is the correct process to take. I consider it is reasonable for Miss X to use her right of appeal to the SEND Tribunal to dispute the provisions and placement set out in the final EHC plan.
Final decision
We will not investigate Miss X’s complaint because it is reasonable to expect her to use her right of appeal to the SEND Tribunal.
Investigator's decision on behalf of the Ombudsman