Summary: We will not investigate this complaint about how the Council has carried out an Education Health and Care assessment. This is because the complainant has appealed to the SEND Tribunal and the issues raised are inseparable from this appeal.

The complaint

1. The complainant, who I will call Miss X, complains about how the Council has assessed her son’s Special Educational Needs (SEN). Miss X says that the Council failed to include appropriate provision in her son’s Education Health and Care (EHC) plan and failed to arrange appropriate assessments, contrary to an order by the SEND Tribunal.

Back to top

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.

Back to top

How I considered this complaint

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

Back to top

My assessment

7. In December 2021, the Council decided that Miss X’s son did not meet the threshold for an EHC assessment. Miss X appealed this decision, and in May 2022, the SEND Tribunal ordered the Council to carry out an assessment. The Council subsequently completed its assessment and issued a final EHC plan. However, Miss X disagreed with the contents of the plan and again appealed to the SEND Tribunal which will hear the case in November.
8. I cannot investigate Miss X’s complaint. This is because the Council’s assessments of her son’s needs are subject to an appeal to the SEND Tribunal. This places these matters outside of the Ombudsman’s jurisdiction.

Back to top

Final decision

9. We will not investigate Miss X’s complaint because the issues raised are subject to an ongoing appeal to the SEND Tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman