The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council did not name a specialist provision in his child’s Education, Health and Care Plan. This is because it is reasonable to expect Mr X to have used his appeal rights to a tribunal.
The complaint
Mr X complains that the Council has not named a suitable specialist school in his child, Y’s Education, Health and Care (EHC) Plan. He says Y’s current school is not suitable for Y’s needs.
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 Tribunal in this decision statement.
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Evidence shows the Council sent Mr X a decision letter in October 2024 with Y’s amended EHC Plan. This decision letter contained appeal rights to the SEND Tribunal.
I will not investigate Mr X’s complaint. This is because it is reasonable to expect Mr X to have used his appeal rights to the SEND Tribunal. It is the appropriate body to consider matters related to the contents of Y’s EHC Plan such as the named school.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect Mr X to have used his appeal rights to a tribunal.
Investigator's decision on behalf of the Ombudsman