Summary: We cannot investigate Mrs X’s complaint about the Council’s failure to secure the content of her child’s Education, Health and Care Plan or its decision not to provide alternative provision. This is because she appealed to the SEND Tribunal, and the law says we cannot investigate.

The complaint

1. Mrs X complained the Council:
1. failed to secure the content of her child, Y’s, Education, Health and Care (EHC) Plan and named an unsuitable school in section I of the EHC Plan;
2. failed to organise alternative educational provision when Y became too unwell to attend school in March 2025.
2. Mrs X said the matter caused her frustration and distress. She said it meant Y missed out on their education.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the Tribunal in this decision statement.
5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mrs X has a child, Y. The Council made a final Education, Health and Care (EHC) Plan in March 2025. The EHC Plan named a mainstream school. Mrs X was unhappy with the named school and appealed the content of the EHC Plan to the SEND Tribunal.
9. At around that time, Mrs X said Y stopped attending school because of their mental health and unmet needs in the school. Mrs X asked the Council to provide alternative provision, but the Council refused and informed Mrs X the school named in Y’s EHC Plan was available to them.

Analysis

10. The courts have confirmed that we cannot investigate any matter which is part of, or connected to, a Tribunal appeal. The reason Y is not receiving the content of their EHC Plan is too closely linked to the matter appealed to the SEND Tribunal (the named school in section I). The reason Y is not receiving alternative provision is also too closely related to the matter appealed to the SEND Tribunal.
11. Consequently, the law says we cannot investigate this complaint.

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Final decision

12. We cannot investigate Mrs X’s complaint because she appealed to a Tribunal.

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Investigator's decision on behalf of the Ombudsman