Summary: We will not investigate this complaint about the special educational needs provision laid out by the Council in Mrs X’s child’s Education Health and Care Plan. This is a matter for the Special Educational Needs and Disability Tribunal to decide, not the Ombudsman.

The complaint

1. Mrs X said the Council ignored her child’s needs and that the resulting Education Health and Care (EHC) Plan does not meet his needs. She said this has forced her to appeal.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Schools named and provision stated in EHC Plans are matters for the SEND Tribunal to decide, not us. The matters complained of are not separable from those subject to the SEND Tribunal.

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Final decision

8. We will not investigate Mrs X’s complaint because it is not separable from the content of her child’s EHC Plan, which is for the SEND Tribunal to decide.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman