The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council not authorising a school place offered to her daughter, or naming that school in her daughter’s Education, Health and Care Plan. This is because she has already used her right of appeal at Tribunal.
The complaint
Miss X complains that the Council has not authorised a school place offered to her daughter and that it has not named that school in her daughter’s Education, Health and Care Plan (EHCP).
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 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 Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In June 2024 Miss X’s daughter was offered a place at a school that can meet her special educational needs. Miss X says the Council has not authorised this place, and it has not named the school on her daughter’s EHCP.
Miss X has taken the matter to the SEND Tribunal which is best placed to consider her appeal. I will therefore not investigate Miss X’s complaint.
Final decision
We will not investigate Miss X’s complaint because she has already used her right of appeal to Tribunal.
Investigator's decision on behalf of the Ombudsman