The Ombudsman's final decision
Summary: We cannot investigate Ms M’s complaint about her son’s education because Ms M has appealed to the SEND Tribunal about the same matter.
The complaint
Ms M withdrew her son, B, from primary school in February 2024. The Council says she chose elective home education. Ms M says she did not. She is paying for some tuition but wants the Council to arrange education for B outside school (known as EOTAS) and refund the money she has paid for B’s tuition.
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 Ms M and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
B has an education, health and care (EHC) plan maintained by the Council.
The Council issued B’s EHC Plan on 28 March 2024 and wrote ‘elective home education’ in section I. The Council issued a further final plan on 14 February 2025 which said elective home education until July 2025 and a mainstream secondary school from September 2025.
Ms M appealed and asked the SEND Tribunal to specify EOTAS in B’s EHC Plan.
We cannot investigate Ms M’s complaint about B’s education because she has appealed to a tribunal about the same matter. The Tribunal will decide whether B should receive his education at school or otherwise.
Final decision
We cannot investigate Ms M’s complaint about her son’s education because Ms M has appealed to the SEND Tribunal about the same matter.
Investigator's decision on behalf of the Ombudsman