Summary: The Ombudsman cannot investigate Mrs B’s complaint that the Council has refused to reimburse costs she incurred due to its failure to provide her child with education. This is because Mrs B has used her right to appeal to a tribunal.

The complaint

1. The complainant, who I will refer to as Mrs B, complains that the Council has refused to reimburse costs she incurred due to its failure to provide her child with education in September and October 2019.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a tribunal. (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’))

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How I considered this complaint

5. I have considered what Mrs B has said in support of her complaint.

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What I found

6. Mrs B’s child has special educational needs and an Education, Health and Care Plan (EHCP). She says her child unable to attend school from December 2018 to the end of the school year. Mr and Mrs B complained to the Council, which agreed to reimburse the costs they incurred engaging private tutors for their child from January 20 July 2019.
7. Mr and Mrs B appealed to SEND against the content of their child’s EHCP. In October 2019, SEND made an order naming the school which their child now attends. Mrs B complains that the Council has refused to reimburse the cost of private tutors for September and October 2019. The Council holds that a school place was available at that time at the school named on the EHCP. Mrs B argues that the available school place was unsuitable.
8. The Ombudsman cannot investigate Mrs B’s complaint because we cannot consider the period between when appeal rights became engaged and when the appeal was heard. This is despite the fact that SEND cannot provide a remedy for lost education. The fact that Mr and Mrs B used their right to appeal places the period at issue outside the Ombudsman’s jurisdiction.

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Final decision

9. The Ombudsman cannot investigate this complaint. This is because Mrs B has used her right to appeal.

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Investigator's decision on behalf of the Ombudsman