The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about a review process for an Education Health and Care Plan. The main injustice from a review is the amendments made to the Education Health and Care Plan and it is reasonable to expect Ms X to have appealed to the Tribunal.
The complaint
Ms X says the Council failed to hold a review on her child, B’s, Education Health and Care Plan (EHC Plan) in line with the Regulations.
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)
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
B was due to move into post 16 education in September 2025. The Regulations require a review to be held by 31 March in advance of this type of transfer of phase of education. The Council contacted Ms X in mid February to check she was aware of a review set for the following day. Ms X contacted the Council to say she had not been informed. The Council rearranged it for mid March. This is before the Regulation’s requires.
The Council says it issued a notice within a week that it would amend B’s EHC Plan. It then issued an amended final EHC Plan by the end of March 2025. This is in advance of the Regulations timescale of the end of May 2025.
Ms X says the Council failed to give her a two week consultation, did not seek her or B’s views, and tried to hold the review without Ms X or B present.
Analysis It is unlikely we would find there is injustice caused to Ms X by not telling her of the review date then rearranging it to a date which meets the time limits.
The main effect of any process failures for reviews is the amended EHC Plan from the review does not meet B’s needs. The remedy for an EHC Plan not meeting a person’s needs is to appeal to the Tribunal. It is reasonable to expect Ms X to appeal if the amended EHC Plan does not meet B’s needs.
Final decision
We will not investigate Ms X’s complaint because it is reasonable to expect Ms X to have appealed to the Tribunal if she believed the amended EHC Plan does not meet B’s needs.
Investigator's decision on behalf of the Ombudsman