Summary: We will not investigate Mrs X’s complaint about the suitability of a school named in an Education Health and Care Plan. The Tribunal is considering this.

The complaint

1. The complainant, whom I shall call Mrs X, says the Council has named the wrong school in an Education Health and Care Plan (EHC Plan).

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The Ombudsman’s role and powers

2. 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)
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 Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X says her child, Y, has additional educational needs. She says the Council has produced an EHC Plan which names School Z. Mrs X says School Z is not suitable for Y. She believes School P is. Mrs X has appealed the EHC Plan to the Tribunal, SEND.
7. We cannot investigate issues which the Tribunal is considering. We cannot investigate why the Council has named School Z.

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Final decision

8. We will not investigate Mrs X’s complaint because we cannot investigate the same issues a Tribunal is considering.

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Investigator's decision on behalf of the Ombudsman