Privacy settings

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Derbyshire County Council (21 002 157)

Category : Education > Special educational needs

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.

The complaint

  1. Mrs X said her son’s EHC Plan is not up to date.

Back to top

The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  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.

Back to top

How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

  1. 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.

Back to top

Final decision

  1. 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

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page