St Helens Metropolitan Borough Council (22 015 947)
Category : Education > Alternative provision
Decision : Closed after initial enquiries
Decision date : 26 Mar 2023
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the special educational needs provision for the complainant’s daughter. This is because the complainant has used her right of appeal to a tribunal. This means the complaint is outside our jurisdiction.
The complaint
- The complainant, whom I shall refer to as Miss X, complained the Council had named an unsuitable school in her daughter’s Education Health and Care Plan (EHC Plan). Miss X is unhappy the Council has failed to provide her daughter (Y) with suitable alternative education.
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. (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 SEND Tribunal in this decision statement.
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We cannot investigate Miss X’s complaint. This is because Miss X has appealed the content of Y’s EHCP to the SEND Tribunal. This places all matters relating to her daughter’s special educational needs provision outside our jurisdiction. This restriction applies from the point at which the appeal rights became available to when the Tribunal makes its decision. It prevents us from looking at the issue of alternative education which is inextricably linked to the school named in the EHC Plan. Miss X contends it is not suitable – the Council disagrees. The suitability of this school or otherwise is not a matter for the Ombudsman. There is no discretion available to us to consider Miss X’s complaint.
Final decision
- We cannot investigate Miss X’s complaint. This is because Miss X has appealed to the SEND Tribunal which places the matter outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman