Milton Keynes Council (23 008 156)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 24 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the setting named in Mrs X’s child Y’s Education, health and care Plan. This is because this matter is currently being appealed at SEND Tribunal and we do not have jurisdiction to investigate matters that took place at Tribunal.
The complaint
- Mrs X complained the Council named education other than at school in her child Y’s Education, health and care Plan (EHC Plan) and has failed to find Y a suitable school placement.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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.
- 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)
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council agreed to issue Mrs X’s child Y with an EHC Plan and the final Plan was delivered in June 2023.
- Mrs X was unhappy the Council had named “education other than at school,” in the Plan and supplied the Council with other schools she felt were better suited to Y’s needs.
- Mrs X eventually appealed the setting named in Y’s Plan after the Council was unable to secure a school placement she felt was appropriate for Y.
- The Ombudsman will not investigate complaints that relate to ongoing appeals or matters that took place at SEND Tribunal. As the matter relates to Y’s school placement and this is currently being appealed at Tribunal, this complaint is outside of our jurisdiction.
Final decision
- We will not investigate Mrs X’s complaint because this matter is currently being appealed at SEND Tribunal and we do not have jurisdiction to investigate matters that took place at Tribunal.
Investigator's decision on behalf of the Ombudsman