Summary: The Ombudsman cannot investigate Mrs B’s complaint that the Council has failed to make appropriate educational provision for her son. This is because Mrs B has used her right to appeal to the Special Educational Needs and Disability Tribunal.

The complaint

1. The complainant, who I will refer to as Mrs B, complains that the Council has failed to make appropriate educational provision for her son.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
3. 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

4. I have considered what Mrs B has said in support of her complaint and the correspondence she has provided. I have offered her toe opportunity to comment on my draft decision.

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What I found

5. Mrs B’s son has special educational needs. She says the Council issued him with an Education Health and Care Plan (EHCP) in May 2020. Mrs B complains that the Council has not provided an appropriate placement for her son, which means he has been placed at the school he previously attended from September 2020. She argues that this school does not meet her son’s needs.
6. Mrs B has appealed to SEND against the placement named in her son’s EHCP. The appeal is listed for hearing in January 2021.
7. The Ombudsman cannot investigate Mrs B’s complaint. Mrs B has used her right to appeal to SEND. This places the matter outside the Ombudsman’s jurisdiction. By law, we cannot intervene.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman