Summary: We will not investigate this complaint about the Council’s actions leading to the naming of a school in Mrs X’s daughter’s Education Health Care Plan. This is because Mrs X appealed to the First-tier Tribunal (Special Education Needs and Disability).

The complaint

1. Mrs X complained about the Council’s actions leading to the naming of a school in her daughter’s Educational Health Care Plan (EHCP). She said her daughter has been placed in a school that does not meet her needs.

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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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In March 2019, the Council finalised Mrs X’s daughter’s EHCP. It named a mainstream school. Mrs X was unhappy about this as she had requested a specialist school in the area. She appealed to the First-tier Tribunal (Special Education Needs and Disability) SENDIST in April 2019.
6. Between April and August, Mrs X and the Council were in frequent contact. In August 2019, Mrs X agreed with the Council to withdraw the appeal by consent order. SENDIST sent Mrs X a consent order in October 2019.

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Final decision

7. We will not investigate Mrs X’s complaint because Mrs X appealed to the Special Education Needs and Disability Tribunal.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman