Summary: We will not investigate this complaint about the Council failing to ensure Z gets their educational needs met. The Tribunal is considering Z’s educational needs.

The complaint

1. The complainant, whom I shall call Mrs X, says the Council has failed to provide the educational support Z needs.

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The Ombudsman’s role and powers

2. 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.
3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X says her child Z has an Education Health and Care Plan (EHC Plan).
7. A child with special educational needs may have an Education, Health and Care (EHC) plan. This sets out the child’s needs and what arrangements should be made to meet them. The EHC plan is set out in sections. We cannot direct changes to the sections about education, or name a different school. Only the tribunal can do this.
8. The Council is responsible for making sure that arrangements named in the EHC plan are put in place. We can look at complaints about this, such as where support set out in the EHC plan has not been provided, or where there have been delays in the process.
9. Mrs X says Z has not received a suitable education since the Autumn of 2020 when a placement broken down. The Council held a review in March 2021. Mrs X says it decided not to amend the EHC Plan. She has appealed to the Tribunal which is continuing.
10. We cannot investigate the same issues the Tribunal is considering or any matters which are inextricably linked to that appeal. This means we cannot investigate whether:
• The EHC Plan meets Z’s needs;
• What support or education Z should be getting;
• The support Z should receive during the appeal.
11. It is not suitable to investigate any parts of Mrs X’s complaint which are separable from the appeal, while that appeal continues.

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Final decision

12. We will not investigate Mrs X’s complaint because we cannot investigate issues which a Tribunal is considering.

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Investigator's decision on behalf of the Ombudsman