Summary: The Ombudsman will not investigate this complaint about the Council’s actions when issuing an Education Health and Care Plan for Mrs X’s son, Z. This is because Z’s special educational needs provision will be decided by a Special Educational Needs and Disability Tribunal.

The complaint

1. Mrs X complains about the Council’s actions in issuing an Education Health and Care (EHC) Plan for her son, Z.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
3. SEND is a tribunal that considers special educational needs. (The Special Educational Needs and Disability Tribunal (‘SEND’))

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How I considered this complaint

4. I read Mrs X’s complaint and spoke to her on the telephone. I have also given Mrs X an opportunity to comment on a draft before reaching a final decision.

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What I found

5. The Council issued an EHC Plan for Z. Mrs X says it failed to get the correct professional advice, and she has had to appeal to the Special Educational Needs and Disability (SEND) Tribunal because the provision is wrong. She also says the Council was obstructive and difficult to deal with. Mrs X’s complaint is not separable from the content of the EHC Plan. This is for the forthcoming SEND Tribunal to decide.

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Final decision

6. The Ombudsman will not investigate this complaint. This is because the matter will be decided by the SEND Tribunal.

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Investigator's decision on behalf of the Ombudsman