Summary: We will not investigate this complaint about the Council’s decision to refuse to name Ms X’s preferred school in her child’s EHC plan. This is because it is reasonable for Ms X to use her right of appeal to the SEND tribunal.

The complaint

1. Ms X complains about the Council’s decision to refuse to name her preferred school on her child’s EHC plan. She says this meant her child had no education from February to July 2022.

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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. 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)
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X’s child has an EHC plan. Ms X asked the Council to name a special school in her child’s EHC plan.
8. The Council considers the child’s needs can be met in a mainstream placement and so has named a mainstream school in the child’s EHC plan.
9. Ms X has a right to appeal to the SEND tribunal if she disagrees with the Council’s decision to name the mainstream school. We consider it is reasonable for Ms X to use this right of appeal.

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Final decision

10. We will not investigate Ms X’s complaint because it is reasonable for her to use her right of appeal to the SEND tribunal.

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Investigator's decision on behalf of the Ombudsman