The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council was at fault in the process of completing the complainant’s son’s Education Health and Care Plan and in failing to make appropriate educational provision for him. This is because the complaint concerns matters which could have been the subject of appeal to the First-tier Tribunal (Special Educational Needs and Disability), or are not separable from such matters.
The complaint
The complainant, who I will refer to as Miss X, complains that the Council has been at fault in the process of completing her son’s Education Health and Care Plan (EHC Plan) and in failing to make appropriate educational provision for him.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (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
Miss X’s son has special educational needs and an EHC Plan. Miss X complains that the Council’s officer was at fault in including inaccurate and outdated information in the amended EHC Plan. She further complains that the officer wrongly advised her that a specific mainstream school could meet her son’s needs. Her son’s placement subsequently failed and she says she has been compelled to home educate him.
The Ombudsman will not investigate Miss X’s complaint. Whether a specific educational placement is suitable is not a matter on which we can express a view. Neither is the content of an EHC Plan. This is because these are matters which could have been the subject of appeal to the SEND Tribunal, or are not separable from such matters. Where appeal rights exist, the Ombudsman would normally expect them to be used.
Miss X has requested an early review of the EHC Plan issued in January 2024. This provides the opportunity to consider the content of the EHC Plan. If the Council declines to amend it, or makes amendments which do not meet with Miss X’s approval, she may appeal to the SEND Tribunal.
Miss X says the EHC Plan issued in January 2024 was subject to delay. This matter has not yet been considered as a complaint by the Council and does not therefore fall to us to investigate.
Final decision
We will not investigate Miss X’s complaint because it concerns matters which could have been the subject of appeal to the SEND Tribunal, or are not separable form such matters.
Investigator's decision on behalf of the Ombudsman