LGO (Local Government & Social Care Ombudsman) Other

Surrey County Council

22-009-242 · Education › Special Educational Needs · Decision date: 17 October 2022 · View Surrey County Council scorecard

Full Decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about the Council naming a school on Mr X’s child’s Education Health and Care Plan that is too far away. Mr X has used his right to appeal to the SEND Tribunal and the matters complained of are not separable from that.

The complaint

Mr X said the Council ignored medical advice in naming a school that was too far away. He said doctors could not attend a Tribunal hearing and he lost the appeal.

The Ombudsman’s role and powers

We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (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 and considered the Ombudsman’s Assessment Code.

My assessment

The complaint concerns the school named in Section I of an Education Health and Care (EHC) Plan. Thus, it is not separable from matters where Mr X used his right to appeal to the SEND Tribunal. The Ombudsman cannot function as a review chamber for the SEND Tribunal.

Final decision

We will not investigate Mr X’s complaint because the matters complained of are not separable from those in respect of which Mr X has used his right to appeal to the SEND Tribunal.

Investigator's decision on behalf of the Ombudsman