Royal Borough of Kingston upon Thames (23 020 650)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 01 May 2024
The Ombudsman's final decision:
Summary: We cannot investigate Ms X’s complaint about the Council’s failure to secure the content of her child, Y’s, Education, Health and Care Plan. This is because Ms X has already taken the matter to court, and the law says we cannot investigate.
The complaint
- Ms X complained the Council failed to secure all the provision listed in her child, Y’s, Education, Health and Care Plan for 11 months following a SEND Tribunal order in August 2022.
- Ms X said the failure resulted in Y missing out on provision they should have received and caused her distress and frustration.
The Ombudsman’s role and powers
- The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916).
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X has a child, Y, who has an Education, Health and Care (EHC) Plan. Following a SEND Tribunal hearing in August 2022, Y’s EHC Plan was updated. The provision under section F of the Plan included Speech and Language Therapy (SaLT) and Occupational Therapy (OT).
- In March 2023 Ms X instructed a solicitor to initiate court proceedings. Ms X said the Council had failed to secure the SaLT and OT detailed in Y’s EHC Plan following the Tribunal’s order.
- In July 2023 the courts issued a consent order. The Council agreed to secure the provision in Y’s EHC Plan, ending proceedings by consent.
Analysis
- We cannot investigate Ms X’s complaint. This is because she has already taken the matter to court, and the law says we cannot investigate as explained at point three of this decision.
Final decision
- We cannot investigate Ms X’s complaint because she has already taken the matter to court.
Investigator's decision on behalf of the Ombudsman