Summary: We cannot investigate this complaint about the school named in a child’s Education Health and Care plan and about the actions of the child’s school. This is because the complainant has used their right of appeal to a tribunal. We have no powers to investigate complaint about what happens in schools.

The complaint

1. The complainant, who I will call Ms X complains about the school that the Council named on her son’s Education Health and Care (EHC) plan. Ms X says the Council refused to name a new placement meaning her son continues to attend a school that she feels is unsuitable. Ms X also complains that her sons’ school is not communicating with her properly and that it changed the class her son was in.

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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 about the same matter. (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. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)

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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. Ms X’s son attends a school which I will call School A. Ms X asked the Council to change the school, but the Council refused and issued an EHC plan naming School A as his placement. Ms X appealed this decision to the SEND Tribunal.
9. In January, Ms X and the Council agreed to changes to her son’s EHC plan. Both agreed that her son would remain at School A until September, when he will move to a new school, School B. The SEND Tribunal issues a consent order, instructing the Council to make the agreed changes to the EHC plan.
10. I cannot investigate Ms X’s complaint about the Councils’ decision to name School A on Ms X's son's EHC plan. This is because she has appealed this decision to the SEND Tribunal which places it outside of the Ombudsman’s jurisdiction.
11. I cannot investigate Ms X’s complaint about the actions of School A. This is because we have no powers to investigate what happens in schools.

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Final decision

12. We will not investigate Ms X’s complaint because she has appealed to a tribunal and because we cannot investigate what happens in schools.

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Investigator's decision on behalf of the Ombudsman