The Ombudsman's final decision
Summary: We cannot investigate Mrs Y’s complaint about the Council’s failure to name a school on her child’s Education, Health and Care Plan. This is because she has used her right of appeal to a tribunal about the same matter.
The complaint
Mrs Y complains the Council refused to name her parental preference in Section I of her child, Child B’s Education, Health and Care Plan (EHC Plan).
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs Y would like Child B to attend a mainstream setting that has Additional Resource Provisions (ARP) for a limited number of students who are autistic. Mrs Y complains the Council refused to name one of her preferred schools with ARP in Child B’s EHC Plan.
I cannot investigate Mrs Y’s complaint about the Council’s failure to name a school in her child’s EHC Plan. Mrs Y has appealed this decision to the SEND Tribunal, placing it outside of our jurisdiction.
Final decision
We cannot investigate Mrs Y’s complaint about the Council’s failure to name a school on her child’s Education, Health and Care Plan. This is because she has used her right of appeal to a tribunal about the same matter.
Investigator's decision on behalf of the Ombudsman