Summary: We will not investigate Miss X’s complaint about the decision not to issue her daughter with an Education Health and Care Plan. This is because it is reasonable for Miss X to appeal to a tribunal.

The complaint

1. The complainant, whom I shall refer to as Miss X, complained about the decision not to issue her daughter with an Education Health and Care Plan (EHC Plan). Miss X is unhappy with how the Council reached its decision. Miss X wants the Council to change its decision.

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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.

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How I considered this complaint

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

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My assessment

7. We will not start an investigation into Miss X’s complaint. This is because parents who want to challenge a council’s decision not to issue an EHC Plan can appeal to the SEND Tribunal. We expect parents to use this right unless it is unreasonable for them to do so.
8. The SEND Tribunal is an expert, independent body, and it can consider how the Council reached its decision. It can decide the Council should assess Miss X’s daughter further or issue an EHC Plan. These are not decisions the Ombudsman can take. Because the Tribunal can give Miss X the outcome she wants, it is reasonable for her to appeal.

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Final decision

9. We will not investigate Miss X’s complaint because it is reasonable for her to appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman