Summary: We will not investigate Mrs X’s complaint about the Council’s actions in relation to an Education Health and Care Plan. Mrs X has appealed to the Tribunal, and we cannot investigate issues the Tribunal can consider. There was no significant delay in the Education Health and Care Plan production.

The complaint

1. The complainant, whom I shall call Mrs X, says the Council delayed in assessing Y’s needs, has not provided for Y’s needs. She says she has incurred legal and assessment report costs.

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The Ombudsman’s role and powers

2. 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)
3. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions about 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 Mrs X which included the Council’s replies to her.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In February 2022 the Council agreed to carry out an Education Health and Care Plan (EHC Plan) needs assessment. Following this assessment, the Council issued a final EHC Plan in July 2022.
7. The EHC Plan Code says the whole process should take 20 weeks to complete. In this case there is no significant delay.
8. Mrs X appealed to the Tribunal as she disagreed with the EHC Plan contents. She does not believe it meets Y’s needs. That Tribunal has yet to finish.
9. Mrs X says that meantime, she feels Y has not had their needs met. She says Y has been able to attend school mostly. But has not had the support Mrs X says Y needs. What that support should be is part of the Tribunal appeal. We cannot investigate anything which is part of the appeal. We cannot investigate whether the support Y has received since the final EHC Plan was issued has met Y’s needs.
10. Mrs X says the process caused her family stress. She says this was caused by uncertainty, changing EHC Plans, communication with the Council and the Council’s compliance with the Tribunal. We cannot look at this action from the date Mrs X’s appeal right started, until the Tribunal ends.
11. Mrs X says she has paid for legal costs to help her during the process including the appeal. The Tribunal does not need parents to be legally represented. Tribunal’s are managed and arranged with the expectations parents will not be represented. The Tribunal can award costs to parents. Because this power exists, we cannot investigate the costs Mrs X incurred.
12. The injustice caused by the Council not carrying out proper assessments is the EHC Plan was not satisfactory. Mrs X has used her right of appeal to remedy this injustice. Also the Tribunal has wide powers which include being able to order assessments. We cannot investigate anything which overlaps onto the Tribunal’s powers.

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Final decision

13. We will not investigate Mrs X’s complaint because we cannot investigate issues which the Tribunal can consider.

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Investigator's decision on behalf of the Ombudsman