Summary: We will not investigate this complaint about the Education Health and Care Plan process. This is because the complainant has appealed to a tribunal. This places the matter outside our jurisdiction. We have no powers to consider the complainant’s concerns about their child’s school.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained about the Education Health and Care Plan (EHC Plan) process. Mrs X is unhappy with the original decision not to issue her son with an EHC Plan naming her preferred school. Mrs X says the Council conceded the appeal just before the hearing. Mrs X is also unhappy with the school her son has attended.

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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 complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mrs X’s complaint about the EHC Plan process is not one we will consider. Parents who are unhappy with a council’s decision not to issue an EHC Plan can appeal to the SEND Tribunal. The content of an EHC Plan can also be appealed. Mrs X used her right of appeal.
9. When an appeal has been made, the Ombudsman has no jurisdiction to consider related matters from the point at which the appeal rights were available, to the point at which the SEND Tribunal issues its decision. This means the original decision to refuse the EHC Plan, the Council’s conduct during the appeal process, and the education provided to Mrs X’s son while waiting for her appeal, are all outside our jurisdiction. We have no discretion on this point.
10. We also have no powers to consider complaints about what happens in schools. Any concerns Mrs X has about the school her son attended need to be directed to the school. This is not something we can consider.

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Final decision

11. We will not investigate Mrs X’s complaint. This is because she has appealed to a tribunal and we have no powers to consider complaints about schools.

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Investigator's decision on behalf of the Ombudsman