Summary: We will not investigate this complaint about the schools the Council has considered as possible placements for Ms X’s child and what it has told her about this. The matters complained of are not separable from those which carry a right of appeal to the Special Educational Needs and Disability Tribunal. It would be reasonable for Ms X to use this right if she is dissatisfied with any school placement named by the Council.

The complaint

1. Ms X complained the Council had considered residential schools for her child without consulting her first in accordance with a previous ruling by a judge.

Back to top

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.

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The complaint relates to the school setting that is or may be most appropriate for Ms X’s child. Ms X has the right to appeal to the SEND Tribunal against any provision named by the Council that she does not find appropriate.

Back to top

Final decision

7. We will not investigate Ms X’s complaint because the matters complained of are not separable from the choice of school setting for Ms X’s child. This is a matter in respect of which there is a right to appeal to the SEND Tribunal it would be reasonable to use.

Back to top

Investigator's decision on behalf of the Ombudsman