Decision : Closed after initial enquiries
Decision date : 14 Jul 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the content of Mrs X’s son’s Education Health and Care Plan. This matter has a right of appeal to a Tribunal.
- Mrs X said her son’s EHC Plan is not up to date.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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.
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
- Mrs X can ask the Council to change the content of her son’s Education Health and Care (EHC) Plan. If it refuses, she can appeal to the SEND Tribunal.
- We will not investigate Mrs X’s complaint because she can appeal about the content of her son’s EHC Plan if the Council does not change it as she wishes.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman