Summary: We cannot investigate this complaint about the Education Health and Care Plan process for Ms X’s son. This is because Ms X appealed to a tribunal and so the case is outside our jurisdiction.

The complaint

1. The complainant, whom I shall refer to as Ms X, complained about the Council’s decision not to assess her son for an Education Health and Care Plan (EHC Plan). Ms X is unhappy with how the Council reached its decision. Ms X says the Council’s decision meant she had to proceed to mediation and appeal to the SEND Tribunal. Ms X says she incurred unnecessary costs while waiting for the Tribunal to reach its decision. The Tribunal subsequently decided the Council should assess Ms X’s son and it later issued an EHC Plan.

Back to top

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.

Back to top

How I considered this complaint

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

Back to top

My assessment

7. We cannot investigate Ms X’s complaint. This is because Ms X appealed the decision not to assess her son for an EHC Plan to the SEND Tribunal. By law, this places all matters relating to the decision not to issue an EHC Plan outside our jurisdiction. Any alleged failings in the decision-making process cannot be separated from the matter appealed to the Tribunal. We are barred from looking at the Council’s conduct during the appeals process. The costs incurred by Ms X flow directly from a matter which we cannot consider and so they are not for us. The complaint is outside our jurisdiction with no discretion to investigate.

Back to top

Final decision

8. We cannot investigate Ms X’s complaint because she appealed to the SEND Tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman