West Sussex County Council (23 014 456)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 24 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision not to issue Mrs X’s child Y with an education, health and care plan. This is because Mrs X has a right of appeal to the SEND tribunal, and it would be reasonable for her to use it.
The complaint
- Mrs X complained the Council delayed its assessment of Y for an education, health and care plan (EHC Plan) before deciding not to issue a Plan and offering Y a place at a mainstream school instead.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X complained to the Council after receiving its decision not to offer her child Y an EHC Plan but to offer Y a place at a mainstream school with an inclusion plan instead.
- Mrs X said Y cannot attend a mainstream school due to his special educational needs.
- The Council acknowledged the complaint and told Mrs X it could not investigate the matter in line with its corporate complaints process as Mrs X had right of appeal to SEND Tribunal. Mrs X then opted to refer the complaint to us.
- The Ombudsman will not usually investigate a complaint when the complainant has an unused right of appeal. In this instance, Mrs X can appeal the Council’s decision not to issue Y with a Plan at the SEND Tribunal. It would be reasonable for her to take this route if she remains unhappy with the situation.
Final decision
- We will not investigate Mrs X’s complaint because she has a right of appeal to the SEND tribunal and it would be reasonable for her to use it.
Investigator's decision on behalf of the Ombudsman