Summary: We will not investigate this complaint about the way the Council reached a decision not to issue an Education Health and Care Plan for Mrs X’s child. The matters complained of are not separable from the disagreement about the nature of the child’s needs. Mrs X has a right to appeal against the Council’s decision to the Special Educational Needs and Disability Tribunal that it would be reasonable to use.

The complaint

1. Mrs X said her child’s school and Council officers failed to put forward all the relevant evidence about her child’s special educational needs to the Council panel that decided not to issue an Education Health and Care (EHC) Plan for him.

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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. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (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 most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
6. We can investigate complaints about what happens in schools when the schools are acting on behalf of the council to secure educational provision as set out in Section F of the young person’s Education, Health and Care Plan.

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mrs X disagrees with the Council’s decision that her child does not require an EHC Plan. While she says the Council and her child’s school falsified information, that is not separable from the decision itself, which carries a right of appeal to the SEND Tribunal. We cannot stand in lieu of the SEND Tribunal, and cannot assume its powers in asking the Council to re-take its decision and agree to issue an EHC Plan for the child.
10. The alleged actions of the school do not relate to the delivery of provision in part F of an existing EHC Plan. Therefore, even if we could consider the Council’s decision, we would have no authority to consider the school’s actions.

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Final decision

11. We will not investigate Mrs X’s complaint because the matters she complains of are not separable from the decision of the Council about her child’s special educational needs. Mrs X has a right of appeal to the SEND Tribunal it would be reasonable to use.
12. We cannot investigate the actions of a school where these do not concern the delivery of agreed provision set out in part F of an existing EHC Plan.

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Investigator's decision on behalf of the Ombudsman