Summary: We will not investigate this complaint about where and how the Council makes provision in an Education Health and Care Plan. This is a matter for the Special Educational Needs and Disability Tribunal.

The complaint

1. Mrs X said the Council refused her a personal budget to pay for speech and language (SALT) sessions in her child’s Education Health and Care (EHC) Plan. She said it wanted to deliver the sessions in a clinic, not school. She said it would cause her child to lose education and she could not take him to the sessions.

Back to top

The Ombudsman’s role and powers

2. 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)
3. 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.

Back to top

How I considered this complaint

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

Back to top

My assessment

5. I have seen Mrs X’s child’s EHC Plan. It specifies SALT sessions, but it does not say where they should be delivered. The matter is not therefore one of failure to provide, but a dispute about how the provision is made. These matters are for a SEND Tribunal to decide.

Back to top

Final decision

6. We will not investigate Mrs X’s complaint because she has a right of appeal to the SEND Tribunal it would be reasonable to use.

Back to top

Investigator's decision on behalf of the Ombudsman