Summary: We cannot investigate Miss X’s complaint about the support B received in preschool. B attended a private pre school and did not have an Education Health and Care Plan.

The complaint

1. The complainant, whom I shall call Miss X, says the Council failed to ensure her child, B, was properly supported at nursery school.

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The Ombudsman’s role and powers

2. We cannot investigate complaints about what happens in schools unless it relates to special educational needs, when the schools are acting on behalf of the council to secure educational provision as set out in Section F of the young person’s Education, Health and Care Plan. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as private pre school nurseries. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

4. I considered information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X’s child, B, has hearing difficulties. B started at a private pre school nursery in December 2020. Before doing so, the Council says it agreed a Special Educational Needs (SEN) support plan. It says this funded for a teacher of deaf children to make weekly visits to B in their private nursery school.
7. Miss X complained about how this was not providing the support B needed. The Council held a meeting with Miss X in November 2021. Miss X says this did not change matters enough. She says the deaf specialist teacher stopped attending for three months in 2022. In July 2022 B stopped attending the nursery.
8. Miss X says the private nursery did not provide the right support for B. She says the teacher support provided by the Council did not do their role properly. She says this has affected B’s development and she will not accept any further help from the Council’s deaf team for her family as she has lost trust in their abilities.

Analysis

9. We have no power to investigate how private nurseries provide their services. This includes support to children who have added needs.
10. We have no power to investigate the special education needs support provided to pre school settings, such as the teacher of deaf children, in this case, unless that support is provided because of an Education Health and Care Plan (EHC Plan). B did not have an EHC Plan during the period Miss X complains of.

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Final decision

11. We will not investigate Miss X’s complaint because we cannot investigate how private preschool nurseries provide their services.

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Investigator's decision on behalf of the Ombudsman