The Ombudsman's final decision
Summary: We cannot investigate this complaint about the school named in an Education Health and Care Plan. This is because the complainant has used her right of appeal to a tribunal and this places the matter outside our jurisdiction.
The complaint
The complainant, whom I shall refer to as Mrs X, complained about the school named in her son’s Education Health and Care Plan (EHCP). Mrs X says the school named is not appropriate leaving her son without a suitable education. Mrs X wants the Council to name a different school and to provide her son with free transport to school.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X’s son has an EHCP. Mrs X has appealed to the SEND Tribunal against the content of the EHCP. She contends the school named in the EHCP is not appropriate for her son. Mrs X wants the Council to name a different school and to provide her son with free transport to school.
Because Mrs X has appealed to the SEND Tribunal, we have no jurisdiction to consider her complaint. We cannot look at the same matter the Tribunal will consider. The issue of transport to school is linked to Mrs X’s appeal, as is the suitability of the school currently named in the EHCP. Both issues are also therefore outside our jurisdiction.
Final decision
We cannot investigate Mrs X’s complaint because she has used her right to appeal to the SEND Tribunal.
Investigator's decision on behalf of the Ombudsman