Summary: We will not investigate this complaint about the Council’s refusal to assess Ms X’s child for an Education Health and Care Plan.

The complaint

1. Ms X said the Council has refused to assess her child for an Education Health and Care (EHC) Plan and cancelled a meeting about this.

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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.

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council’s duty when receiving a request for an assessment of a child’s special educational needs (SEN) is to either agree to assess or to refuse and offer the child’s parent the right to appeal to the SEN Tribunal. I have seen the Council’s letter telling Ms X of her right to appeal.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman