Summary: We will not investigate this complaint about the education provision for Miss X’s son. This is because it is reasonable for Miss X to appeal to a Tribunal.

The complaint

1. The complainant, whom I shall refer to as Miss X, complained about the education provision for her son (Y) who has an Education Health and Care Plan (EHCP). Miss X is unhappy with the school named in Y’s EHCP. Miss X disagrees with the Council’s claim she decided to electively home educate Y.

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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 about the same matter. 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.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X is unhappy with the school named in her son’s EHCP. Miss X has the right to appeal the content of the EHCP to the SEND Tribunal. It is reasonable for Miss X to use her right of appeal and so we will not investigate.
8. Miss X says she has not chosen to home educate Y. But the Council says Miss X sent two emails to the school named in Y’s EHCP. The first wrongly said Y had a place at an alternative school. The second email said Miss X would be home educating Y. When a parent chooses to home educate their child the Council has no duty to deliver the provision set out in their EHCP.
9. There is not enough evidence of fault here to warrant an investigation. The Council’s view is that Y can attend the school named in their EHCP. Miss X is clearly unhappy with the school named. As explained above, this is something Miss X can appeal to the SEND Tribunal.

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Final decision

10. We will not investigate Miss X’s complaint because is reasonable for Miss X to use the appeal rights available to her.

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Investigator's decision on behalf of the Ombudsman