Summary: We will not investigate Miss X’s complaint about the Council’s review of her son’s Education, Health and Care Plan because it is reasonable she uses her right of appeal to a tribunal.

The complaint

1. Miss X complains the Council failed to consider medical reports when reviewing her son’s Education, Health and Care Plan (EHCP). She says her son therefore did not receive support to meet his needs.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I considered information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X says the Council ignored medical evidence which meant her son’s EHCP was not fit for purpose and he did not receive the support he needs. Miss X has already appealed to the SEND Tribunal which is ongoing. I will not investigate this complaint because Miss X has used her right of appeal to the tribunal.

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Final decision

7. We will not investigate Miss X’s complaint because she has used her right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman