Summary: We will not investigate this complaint about the Council’s decision to name a mainstream school in a child’s Education Health and Care plan. This is because the complainant has a right of appeal to a tribunal that it is reasonable for her to use.

The complaint

1. The complainant, whom I shall refer to as Miss X, complained about the Council’s decision to name a mainstream school in her son’s Education Health and Care Plan (EHC Plan). Miss X wants her son to attend a special school and says the mainstream school named cannot meet his needs.

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The Ombudsman’s role and powers

2. 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)
3. 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

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

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My assessment

6. Miss X’s son has special educational needs and has an EHC plan which sets out what arrangements should be made to meet them. It also names the school he will attend. We cannot make changes to the EHC plan or direct the Council to do so. Only the SEND Tribunal can do this.
7. Miss X disagrees with the school named in her son’s EHC plan. Miss X has a right of appeal against this to the SEND Tribunal. It is reasonable to expect Miss X to use her right of appeal and so we will not investigate her complaint.

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Final decision

8. We will not investigate Miss X’s complaint because it is reasonable for her to use her right of appeal to the SEND Tribunal.

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Investigator's decision on behalf of the Ombudsman