Summary: We cannot investigate this complaint about the support offered to the complainant’s daughter and the decision not to carry out an Education Health and Care Needs assessment. This is because we cannot consider complaints about what happens in schools. The complainant has used her right to appeal to a tribunal which places the rest of the complaint outside our jurisdiction.

The complaint

1. The complainant, Miss X, complained her daughter’s primary school failed to provide her with appropriate support. Miss X is unhappy the Council decided not to carry out an Education Health and Care Needs assessment for her daughter.

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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 complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)
4. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
5. 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.
6. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

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

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Final decision

8. We cannot investigate Miss X’s complaint because it is outside our jurisdiction. We cannot consider complaints about what happens in schools, and Miss X has appealed to the tribunal. We have no discretion to consider the complaint.

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Investigator's decision on behalf of the Ombudsman