Summary: Mrs X complained about support the Council provided to her son and delay in issuing an Education, Health and Care Plan. We have discontinued our investigation into her complaint. We were unable to contact her to obtain further information and parts of her complaint are out of our jurisdiction.

The complaint

1. Mrs X complained that:
• the Council did not name her preferred school in her son, Y’s, Education, Health and Care Plan (EHC Plan);
• Y’s school did not provide him with appropriate support;
• Y’s EHC Plan was not finalised until April 2019; and
• The Council refused Y a home tutor after she de-registered Y from the school.

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The Ombudsman’s role and powers

2. We cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)
3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. SEND is a tribunal that considers special educational needs. (The Special Educational Needs and Disability Tribunal (‘SEND’))
5. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

6. I read Mrs X’s complaint and the Council’s final response.
7. Mrs X and the Council had the opportunity to comment of the draft decision. I considered their comments before making my final decision.

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What I found

8. I cannot investigate Mrs X’s complaint about the named school in the EHC Plan. This is because Mrs X used her right of appeal to the SEND Tribunal, so this part of the complaint is out of our jurisdiction.
9. I cannot investigate Mrs X’s complaint about the school. The actions of schools are out of our jurisdiction.
10. I have been unable to speak to Mrs X about the other elements of her complaint, despite trying to contact her. I am unable to progress the investigation without further information.
11. Therefore, I have discontinued the investigation.

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Final decision

12. I have discontinued this investigation.

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Investigator's decision on behalf of the Ombudsman