Dudley Metropolitan Borough Council (22 002 003)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 30 May 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the assessment of her child’s special educational needs carried out by an educational psychologist. This matter is not separable from the content of the child’s Education Health and Care Plan, where Miss X would have a right of appeal to a Special Educational Needs and Disability Tribunal should the Council amend the Plan.
The complaint
- Miss X said an educational psychologist (EP) who assessed her child failed to identify any of the child’s currently identified special educational needs (SEN) that are currently in the Education Health and Care (EHC) Plan. She said he made remarks that were not appropriate about the child’s abilities and was prepared to place the child in a mainstream school before the child is ready educationally. She is worried that support will be withdrawn from her child.
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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Should the Council decide to amend the child’s EHC Plan, Miss X would have a right of appeal to the SEND Tribunal it would be reasonable to use. The EP’s assessment is not separable from that.
Final decision
- We will not investigate Miss X’s complaint because the matters complained of are not separable from the content of her child’s EHC Plan. Should the Council decide to amend the Plan, Miss X would have a right of appeal to the SEND Tribunal it would be reasonable to use.
Investigator's decision on behalf of the Ombudsman