Summary: We cannot investigate this complaint about the Education Health and Care Plan process. This is because the complainant appealed to a tribunal which places the matter outside our jurisdiction.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained about the way the Council carried out an Education Health and Care Needs Assessment (EHCNA) for her son. Mrs X complained the Council failed to obtain the required information and advice meaning it wrongly refused her request for an Education Health and Care Plan (EHC Plan).

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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. We cannot investigate a complaint if someone has appealed to a tribunal. (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.
5. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

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

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My assessment

8. The Council initially declined to issue Mrs X’s son with an EHC Plan. It agreed to issue an EHC Plan after Mrs X appealed to the SEND Tribunal.
9. We cannot investigate Mrs X’s complaint. This is because Mrs X appealed the decision not to issue an EHC Plant to the SEND Tribunal. By law, this places all matters which relate to the decision not to issue an EHC Plan outside our jurisdiction. The alleged failings in the assessment process are not separable from the matter appealed to the Tribunal. The complaint is therefore outside our jurisdiction with no discretion to investigate.

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Final decision

10. We cannot investigate Mrs X’s complaint because she has appealed to the SEND Tribunal. The complaint is outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman