Summary: We will not investigate Ms X’s complaint that the Council failed to assess her child’s special educational needs properly and issued an inadequate Education Health and Care Plan. Ms X has appealed to the Special Educational Needs and Disability Tribunal and these matters are not separable from its work.

The complaint

1. Ms X said the Council failed to assess her child’s Special Educational Needs (SEN) properly. She said the inadequate Education Health and Care (EHC) Plan it issued meant she has had to appeal to the Special Educational Needs and Disability (SEND) Tribunal.

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The Ombudsman’s role and powers

2. 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)
3. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the SEND Tribunal in this decision statement.

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How I considered this complaint

4. I read rs X’s complaint.

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What I found

5. Ms X has appealed to the SEND Tribunal. It will decide the content of her child’s EHC Plan. The Council’s actions in creating the EHC Plan are not separable from the SEND Tribunal’s forthcoming decision.

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Final decision

6. We will not investigate this complaint. This is because the matters complained of are not separable from those before the SEND Tribunal.

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Investigator's decision on behalf of the Ombudsman