Summary: We will not investigate Mrs X’s complaint the Council has named a special school for her son’s education which is no longer meeting his special educational needs. Mrs X has the right to appeal the latest education health care plan to the Special Educational Needs and Disability (SEND) Tribunal.

The complaint

1. Mrs X complains the Council has failed to provide an appropriate school to meet the special educational needs of her son, Y. Mrs X says Y has missed much school time over the years. She says the Council is failing to ensure the named school provides the provision required in Y’s education and health care (EHC) plan. Mrs X wants the Council to provide Y with a different school.

Back to top

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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council. The information includes complaint correspondence, the last annual review of Y’s EHC plan and the final plan issued recently.

Back to top

My assessment

5. I will not investigate Mrs X’s complaint for the following reasons:
6. The complaint is outside the Ombudsman’s jurisdiction because Mrs X has a right of appeal to a tribunal (see paragraphs 2 and 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 statement.
7. I consider it reasonable for Mrs X to appeal to the SEND Tribunal which has the power to decide the disagreement with the Council. The last annual review and the Council’s EHC plan state that Y is appropriately placed at the named school. The Council considers he has made progress during his time there.

Back to top

Final decision

8. The Ombudsman will not investigate Mrs X’s complaint the Council has named a special school for her son’s education which is no longer meeting his special educational needs. Mrs X has the right to appeal the latest education health care plan to the Special Educational Needs and Disability (SEND) Tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman