The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s failure to arrange an assessment prior to the review of her child’s Education Health and Care Plan. This is because it is reasonable for her to appeal to a tribunal.
The complaint
Ms X complains about how the Council managed matters concerning her son, Z’s, education and Special Educational Needs (SEN) provision. Ms X says the Council failed to: Arrange an emergency review of Z’s Education Health and Care (EHC) Plan.
Fund repairs to Z’s wheelchair.
Fund therapeutic provision detailed in Z’s EHC Plan.
Arrange a new assessment by an Educational Psychologist (EP).
Arrange alternative education provision.
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 Tribunal in this decision statement.
The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Ms X’s complaints that the Council failed to arrange a review of Z’s EHC Plan, failed to fund repairs to his wheelchair and failed to fund therapeutic provision. This is because these matters have recently been investigated by the Ombudsman under another case. We cannot accept repeat complaints about the same issues.
I will not investigate Ms X’s complaint that the Council has failed to arrange a new EP assessment. This is because the Council has recently issued an amended draft EHC Plan and will shortly issue a final EHC Plan. If Ms X is dissatisfied with the contents of the final EHC Plan, it is reasonable for her to appeal to the SEND Tribunal. The Tribunal can direct the Council to complete further assessments if these are needed.
Finally, I will not investigate Ms X’s complaint that the Council failed to arrange alternative education for Z after he stopped attending school. I have not seen any evidence the Council has had an opportunity to investigate and respond to such a complaint.
Final decision
We will not investigate Ms X’s complaint because it is reasonable for her to use her right of appeal to the SEND Tribunal.
Investigator's decision on behalf of the Ombudsman