Summary: We will not investigate this complaint about how the Council has managed matters relating to the education of a child with special educational needs. This is because the complainant has appealed the Council’s decision to maintain an Education Health and Care plan to a tribunal and other matters are not sparable from this appeal.

The complaint

1. The complainant, who I will call Mrs X, complains about how the Council has managed matters related to her daughter’s education. Mrs X says the Council has refused to amend her daughter’s Education Health and Care (EHC) plan meaning her daughter cannot access her education and Special Educational Needs (SEN) provision.

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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.

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How I considered this complaint

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

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My assessment

7. The Council carried out an EHC review for Mrs X’s daughter. It concluded that it would maintain her EHC plan with no changes to the SEN provision or education placement.
8. Mrs X disagrees with the Council and feels it has not properly considered the needs of her daughter. She has therefore appealed the Council’s decision to maintain the EHC plan to the SEND Tribunal.
9. I cannot investigate Mrs X’s complaint about how the Council’s decision to maintain her daughter’s EHC plan. This is because her appeal to the SEND tribunal places the matter outside of our jurisdiction.
10. Mrs X says her daughter is out of education and not receiving her SEN provision. I cannot investigate this matter because the lack of provision made for her daughter while the appeal is being considered is inextricably linked to her appeal against the Council’s decision to maintain the EHC plan.

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Final decision

11. We will not investigate Mrs X’s complaint because she has appealed to the SEND Tribunal.

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Investigator's decision on behalf of the Ombudsman