Summary: We will not investigate Miss X’s complaint about the Council’s refusal to conduct an Education, Health and Care Needs Assessment of her child, Y, because it was reasonable for Miss X to have appealed this to a tribunal. We will not investigate her complaint about a failure to organise alternative provision for Y because there is insufficient evidence of fault.

The complaint

1. Miss X complained the Council failed to:
• conduct an Education, Health and Care Needs Assessment (EHCNA) for her child, Y; and
• provide alternative educational provision for her child, Y.
2. Miss X said these matters affected both her and her child, Y’s emotional wellbeing and mental health as Y had been without suitable education for a prolonged period.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

EHCNA

7. Miss X asked the Council to conduct an EHCNA for her child, Y. The Council refused.
8. The Special Educational Needs and Disability (SEND) Tribunal considers appeals against council decisions regarding special educational needs.
9. We will not investigate this complaint because it is reasonable for Miss X to have appealed this decision to the Special Educational Needs and Disability (SEND) Tribunal.

Education provision

10. Miss X asked the Council to provide alternative educational provision for her child, Y. Miss X said Y was unable to attend school due to anxiety.
11. The Council considered Miss X’s request but decided it did not owe a duty to provide alternative education to Y. It explained its reasons as part of its complaints handling. We will not investigate this complaint as there is not enough evidence of fault by the Council in its decision-making process to justify an investigation.

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Final decision

12. We will not investigate part of Miss X’s complaint because it is reasonable for her to have appealed this to a tribunal. We will not investigate the remainder because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman