Summary: We will not investigate this complaint about the Council’s refusal to name Ms X’s preferred school in her child’s Education, Health and Care plan. This is because Ms X has a right of appeal to a Tribunal and it is reasonable for her to use it.

The complaint

1. Ms X complained the Council has refused to name her preferred school in her child’s Education, Health and Care (EHC) plan.

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The Ombudsman’s role and powers

2. 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)
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.

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How I considered this complaint

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

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My assessment

6. A child with special educational needs may have an EHC plan. This sets out the child’s needs and what arrangements should be made to meet them. The EHC plan is set out in sections. We cannot direct changes to the sections about education, or name a different school. Only the tribunal can do this.
7. Ms X disagrees with the school named in her child’s EHC plan. When the Council sent her the final amended plan, it advised her of her appeal rights to the SEND Tribunal. It is reasonable to expect Ms X to use her right of appeal and so we will not investigate.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman