Surrey County Council (23 002 654)
Category : Education > Alternative provision
Decision : Closed after initial enquiries
Decision date : 16 Aug 2023
The Ombudsman's final decision:
Summary: We cannot investigate Ms X’s complaint the Council has refused to fund alternative education for her child Y after they have stopped attending school. That is because Ms X’s complaint is not separable from matters she is appealing to the Tribunal.
The complaint
- Ms X complained about the Council’s decision not to fund alternative education for Y after he stopped attending school. She said Y needed additional support to attend school and had asked the Council to issue him an Education Health and Care plan (EHC plan). She said the Council had completed an assessment but decided Y’s educational needs could be met in his existing school without a plan. Ms X is appealing that decision to the SEND Tribunal.
- Ms X said she has had to give up her job to home educate Y. She said she had enrolled him onto on-line provision which she wants the Council to fund.
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 Ms X’s complaint about the Council’s decision not to fund alternative education for Y. That is because Ms X has appealed the Council’s decision not to issue Y an EHC plan to the SEND Tribunal. The reasons for Y’s non-attendance at school are not separable from his special educational needs and the request for an EHC plan. Therefore, we have no jurisdiction to investigate.
Final decision
- We cannot investigate Ms X’s complaint because she has appealed to the SEND Tribunal.
Investigator's decision on behalf of the Ombudsman