The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to produce an Education, Health and Care Plan for Mrs X’s child Y. This is because Mrs X has appealed the decision at SEND Tribunal and the matter is therefore out of our jurisdiction.
The complaint
Mrs X complained the Council failed to provide her child Y with an Education, Health and Care Plan (EHC Plan) when she asked it for one. She said this caused her stress and negatively affected Y’s educational development.
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)
How I considered this complaint
I considered information provided by the Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X asked the Council to assess her child Y for an EHC Plan. The Council decided not to issue Y with one in July 2021.
Mrs X appealed this decision at the Send Tribunal. The Tribunal decided in August 2022 that Y should have an EHC Plan.
Mrs X wants the Ombudsman to find the Council at fault for not producing an EHC Plan for Y in 2021. Mrs X appealed the Council’s decision, and the Tribunal upheld her appeal. The Ombudsman cannot investigate matters which take place at Tribunal and so we will not investigate this complaint further.
Final decision
We will not investigate Mrs X’s complaint because it regards matters that are outside of our jurisdiction.
Investigator's decision on behalf of the Ombudsman