Kent County Council (19 017 682)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 10 Mar 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Ms X’s complaint about which school is suitable for her child. It is reasonable to expect Ms X to appeal to the Tribunal.
The complaint
- The complainant, whom I shall call Ms X, says her child is out of education because the Council has not provided a place at a suitable school.
The Ombudsman’s role and powers
- 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)
- SEND is a tribunal that considers special educational needs. (The Special Educational Needs and Disability Tribunal (‘SEND’))
How I considered this complaint
- I considered the information Ms X provided with her complaint and the Council’s replies to her which it provided. Ms X had the opportunity to comment on a draft version of this decision.
What I found
- Ms X has a child, Y, who is now 17 years old. Y has an Education Health and Care Plan (EHC Plan). Ms X complained in July 2019 about the setting in which Y receives education. The Council held an annual review in September. This led to the Council amending the EHC Plan in November 2019. This names School Z as the suitable setting for Y’s education. Ms X says School Z is not a suitable place for Y.
Analysis
- A child with special educational needs may have an EHC Plan. This sets out the child’s needs and what arrangements should be made to meet them. The EHC Plan is set out in sections. We cannot direct changes to the sections about education, or name a different school. Only the Tribunal can do this. It is reasonable to expect Ms X to appeal to the Tribunal if she disputes which setting should be named in the EHC Plan.
Final decision
- The Ombudsman will not investigate this complaint. This is because it is reasonable to expect Ms X to appeal to the Tribunal.
Investigator's decision on behalf of the Ombudsman