Summary: We cannot investigate Ms X’s complaint the Council did not consider her request for a personal budget. That is because the matter is not separable from her tribunal appeal.

The complaint

1. Ms X complained the Council did not consider her request for a personal budget when it reviewed her child’s, Y’s education and Health Care (EHC plan). She said she had lost the opportunity to ask for a personal budget, as the Council had finalised Y’s EHC plan without consideration of her request. She wants the Council to agree to a personal budget so she can arrange the provision specified in Section F of his 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. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Ms X said Y was too unwell to attend school. As part of his EHC plan review, she asked the Council to provide a personal budget so she could arrange a package of education other than at school (EOTAS) for Y.
8. The Council considered her request before finalising the EHC plan. It did not agree to EOTAS. It emailed Ms X the following month. It said there was no evidence Y’s needs could not be met in any school. The Council said it would deliver Y’s EHC plan through a combination of tutoring, attendance at school and physical activity. It issued a final EHC plan setting out that provision and naming a mainstream school. Ms X appealed to the SEND Tribunal. She subsequently complained to the Council about its decision not to consider her request for a personal budget.
9. Ms X has appealed to the SEND Tribunal about the contents of the final EHC plan and her wish for Y to receive EOTAS. Therefore, we cannot investigate her complaint. That is because her request for a personal budget to arrange provision for Y is not separable from the matters she appealed. The Council has confirmed it will consider her request for a personal budget once the SEND Tribunal has concluded.

Back to top

Final decision

10. We cannot investigate Ms X’s complaint because the matter is not separable from her appeal to tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman