Summary: We will not investigate this complaint about the school placement of Miss X’s child. She had a right of appeal to the Special Educational Needs and Disability Tribunal it would be reasonable to use when the Council declined to name the school she preferred in Section I of the child’s Education Health and Care Plan. We cannot act in a supplementary role to that of the Tribunal.

The complaint

1. Miss X said her child’s mainstream school placement is unsuitable. She said she gave her school preference at a review of the Education Health and Care (EHC) Plan a year ago, but the Council has not agreed to move her child to the school she prefers.

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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. Where a child has an EHC Plan and a council declines to name the parental school preference in Section I, there is a right of appeal to the SEND Tribunal. Miss X had a right of appeal it would have been reasonable to use. She would have the same right again if she made a further request and the Council again declined to name her school preference.

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Final decision

8. We will not investigate Miss X’s complaint because she has and had an alternative remedy available by way of an appeal to the SEND Tribunal that it would be reasonable to use.

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Investigator's decision on behalf of the Ombudsman