Summary: We cannot investigate Miss X’s complaint about the lack of education. We cannot investigate issues which were or could have been part of a Tribunal Appeal.

The complaint

1. Miss X says the Council has failed to provide her child, B, with an education since January 2023.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

3. I considered information provided by Miss X and the Council’s replies to her which it provided.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In October 2023 we considered and decided a complaint from Miss X about her child, B’s lack of education whilst the Council delayed in issuing an Education Health and Care Plan (EHC Plan). Miss X had appealed to the Tribunal and the lack of education was not separable from that appeal.
6. Miss X now says the Tribunal appeal ended in May. B has a school place set up for September 2024. She says in the meantime B has some tutor time at home. She says it is not enough and requires her to be at home.
7. Miss X says the Tribunal ended because they agreed the school placement to start in September 2024.
8. We cannot look at anything which is part of the Tribunal appeal. This includes why the EHC Plan provision only starts from September. Miss X had the option of not consenting to the Tribunal appeal ending and instead asking the Tribunal to direct more education from May to September.

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Final decision

9. We will not investigate Miss X’s complaint because we cannot investigate issues which have or could have been part of a Tribunal appeal.

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Investigator's decision on behalf of the Ombudsman