Summary: We will not investigate this complaint about the school named in Miss X’s child’s Education, Health, and Care plan. This is because Miss X has the right of appeal to the SEND Tribunal and it is reasonable to expect her to use it.

The complaint

1. Miss X complains about the school named in her child’s Education, Health, and Care (EHC) plan. She says the placement is not suitable and cannot meet the child’s needs. She wants the Council to name education other than at school in the child’s 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. 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’s child has a final EHC plan which names a school. Miss X does not consider this placement to be suitable for her child’s needs. Miss X instead wants the Council to name education other than at school (EOTAS) in her child’s final EHC plan.
8. The Council issued the final EHC plan in July 2022. The Council also appropriately advised Miss X of her right to appeal the plan at the SEND Tribunal if she disagreed with the placement named.

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Final decision

9. We will not investigate Miss X’s complaint because she has the right of appeal to the SEND Tribunal, and it is reasonable to expect her to use it.

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Investigator's decision on behalf of the Ombudsman