Summary: We cannot investigate this complaint about how the Council carried out an education health and care needs assessment. This is because the complainant has used her right of appeal to a tribunal, which places the matter outside of our jurisdiction. Other matters raised happened too long ago and I see no reason to exercise discretion and investigate them now.

The complaint

1. The complainant, who I will call Mrs X, complains that the Council was at fault in how it carried out her son’s Education Health and Care (EHC) review in 2020. She also complains about how Council carried out reviews in 2018 and 2019.

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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. We cannot investigate a complaint if someone has appealed to a tribunal. (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.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mrs X complains that the Council was at fault in how it carried out her son’s EHC assessment, which resulted in an inadequate EHC plan which did not meet her son’s needs, forcing her to appeal to SEND. Mrs X says this impacted her son’s education and that the appeal processes was distressing and costly to the family. Mrs X also complains about how the Council dealt with other reviews in 2018 and 2019.
9. I cannot investigate Mrs X’s complains about the Council’s recent EHC assessment. This is because Mrs X has used her right of appeal to the SEND Tribunal. By law, this places all matters relating to the EHC assessment outside of the Ombudsman’s jurisdiction.
10. I will not investigate Mrs X’s complaint about how the Council carried out previous EHC assessments because these matters happened more than 12 months ago and are therefore late. I see no reason why these matters could not have been raised with the Council and then the Ombudsman sooner.

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Final decision

11. We will not investigate Mrs X’s complaint because she has appealed to a tribunal and other matters happened too long ago.

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Investigator's decision on behalf of the Ombudsman