The Ombudsman's final decision
Summary: We cannot investigate Mrs X’s complaint about the education provided to D. Mrs X has appealed the suitability of the Council’s education offer to the Tribunal.
The complaint
Mrs X says the Council has failed to provide her child, D, with a suitable education.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended).
How I considered this complaint
I considered information provided by Mrs X.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council issued an Education Health and Care Plan (EHC Plan) for D in February 2024. This named School Y as the setting for D’s education. Mrs X says School Y is not suitable and cannot meet D’s needs. She appealed to the Tribunal. That appeal is continuing.
Mrs X says that meanwhile D has not been provided with a suitable education. The Council says the place is available at School Y.
We cannot investigate issues which are integral to a Tribunal appeal. The Tribunal appeal will decide what is a suitable setting for D. We cannot investigate the same issue or anything which is not separable from it. This includes the education provision in the meantime as where this should happen is the subject of the appeal.
Final decision
We will not investigate Mrs X’s complaint because we cannot investigation issues which are integral to a Tribunal appeal.
Investigator's decision on behalf of the Ombudsman