Summary: We cannot investigate this complaint about the school named in a child’s Education Health and Care plan. This is because the complainant has used their right of appeal to a tribunal.

The complaint

1. The complainant, who I will call Mrs X, complains about the school that the Council named in her daughter’s Education Health and Care (EHC) plan. Mrs X says the Council failed to properly consult with her preferred special school and instead unlawfully named a mainstream school.

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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. I cannot investigate Mrs X’s complaint about the school that the Council named in her daughter’s EHC plan. This is because she has appealed this decision to the SEND Tribunal which places it outside of our jurisdiction.

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Final decision

8. We will not investigate Mrs X’s complaint because she has appealed to the SEND Tribunal about the same matter.

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Investigator's decision on behalf of the Ombudsman