Summary: We will not investigate this complaint that the admission criteria for a school was changed, meaning the complainant’s preferred school was not named on their 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 that the admissions criteria for a school was changed meaning that the school was not named on her child’s Education Health and Care (EHC) plan.

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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. Mrs X child has an EHC plan. Mrs X asked the Council to consult with her preferred school (School A) which it did. The Council issued a plan but did not name School A on the plan. Mrs X says School A’s admission criteria was changed without consultation.
8. I cannot investigate Mrs X’s complaint because she has appealed the Council’s decision not to name School A on her child’s EHC plan to the SEND Tribunal. This places the matter out of our jurisdiction.

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Final decision

9. We will not investigate Mrs X’s complaint because she has appealed to the SEND Tribunal.

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Investigator's decision on behalf of the Ombudsman