Hampshire County Council (21 014 410)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 14 Feb 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council failed to obtain necessary reports in its assessment of a child’s special educational needs. This is because the complainant has the right to appeal to a tribunal and it would be reasonable for her to do so.
The complaint
- The complainant, who I will call Mrs X, complains that the Council failed to obtain the necessary reports when it assessed her son’s Special Educational Needs (SEN). Mrs X says this led to her request for an Education Health and Care (EHC) plan being refused.
The Ombudsman’s role and powers
- 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)
- 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.
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X asked the Council to assess her son’s SEN and issue an EHC plan. The Council carried out its assessment but decided not to issue an EHC plan, it told Mrs X how she could appeal its decision to the SEND tribunal.
- I will not investigate Mrs X’s complaint. She feels that the Council’s decision not to issue an EHC plan was flawed because it failed to properly seek professional advice from relevant professionals. However, this decision carries with it an appeal to the SEND tribunal. Where appeal rights are available, we normally expect them to be used. It would be reasonable for Mrs X to use her appeal right and we will therefore not intervene.
Final decision
- We will not investigate Mrs X’s complaint because she has the right to appeal to the SEND Tribunal and it would be reasonable for her to do so.
Investigator's decision on behalf of the Ombudsman