The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about the process and content of her child’s Education Health Care Plan. This is because she has used her right of appeal to a tribunal.
The complaint
Miss X complained the Council did not follow Educational Health Care Plan (EHC Plan) procedures for the naming of a school.
She says this has caused frustration and distress.
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
The Council issued an EHC Plan for Miss X’s child, B in early 2024. It named school (Z) which she says is not suitable to meet B’s needs.
Miss X says the Council failed to properly consult all schools of parental preference and has not provided her with evidence of the consultation process. She has used her right of appeal to the SEND Tribunal.
The appeal means we cannot consider the assessment process, including any consultations undertaken, or the EHC Plan content.
Final decision
We will not investigate Miss X’s complaint because she has used her right of appeal to the SEND Tribunal.
Investigator's decision on behalf of the Ombudsman