Decision : Closed after initial enquiries
Decision date : 15 Jul 2021
The Ombudsman's final decision:
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).
- 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.
The Ombudsman’s role and powers
- We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- 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.
- 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.
- 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
Investigator's decision on behalf of the Ombudsman