Summary: We cannot investigate this complaint that the Council delayed reviewing an Education Health and Care plan and that it failed to arrange the provision detailed in that plan. This is because these matters are subject to court proceedings.

The complaint

1. The complainant, who I will call Mr X, complains that the Council delayed issuing his son’s final Education Health and Care (EHC) plan. Mr X also complains that the Council has failed to arrange all the provision detailed in that plan.

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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 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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I cannot investigate Mr X’s complaint. This is because he has commenced court proceedings about these matters, in the form of a Judicial Review and a claim to the County Court. This places these matters outside of our Jurisdiction.

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Final decision

7. We will not investigate Mr X’s complaint because the matters are subject to court proceedings.

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Investigator's decision on behalf of the Ombudsman