Summary: We will not investigate this complaint about how the Council assessed a child’s special educational needs. This is because the outcome of the assessment has been appealed to a tribunal.

The complaint

1. The complainant, who I will call Mrs X. complains about how the Council assessed her daughter’s Special Educational Needs (SEN). Mrs X says the Council failed to seek advice from an Occupational Therapist and therefore the Education Health and Care (EHC) plan it has issued is inadequate.

Back to top

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.

Back to top

How I considered this complaint

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

Back to top

My assessment

7. The Council carried out an EHC assessment of Mrs X’s daughter’s SEN and issued a final EHC plan. Mrs X appealed the contents of the plan to the SEND Tribunal and the appeal is ongoing.
8. I cannot investigate Mrs X’s complaint about how the Council assessed her daughter’s SEN. This is because the Councils assessment is subject to an appeal to a tribunal which places the matter outside of our jurisdiction.

Back to top

Final decision

9. We will not investigate Mrs X’s complaint because the matter is subject to an appeal to a Tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman