The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s decision to name a school Mrs X does not consider can meet her child’s needs in their Education, Health and Care (EHC) plan. This is because she has used her right of appeal to the tribunal.
The complaint
Mrs X disagrees with the school named in her child’s final EHC plan. She says the Council’s decision has caused her and her family emotional distress.
Mrs X is seeking for the Council to change the school to a school that better meets her child’s needs.
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 – SEND) considers appeals against council decisions about special educational needs. We refer to it as the tribunal in this decision statement.
How I considered this complaint
I considered information provided by Mrs X.
I also considered the Ombudsman’s Assessment Code.
My assessment
In May 2025, the Council issued the final EHC plan for Mrs X’s child.
Mrs X disagrees with the school named in the EHC plan because she believes it cannot meet her child’s needs. However, she has confirmed she has appealed on this point to the tribunal.
As Mrs X has appealed to the tribunal, the matter is outside our jurisdiction to consider. I cannot investigate this complaint as it would overlap with the role of the tribunal.
Final decision
We cannot investigate Mrs X’s complaint because she has used her right of appeal to the tribunal.
Investigator's decision on behalf of the Ombudsman