Summary: We will not investigate this complaint about the school named in an Education Health and Care Plan. This is because it is reasonable for the complainant to appeal to the First-tier Tribunal (Special Educational Needs and Disability).

The complaint

1. The complainant, whom I shall refer to as Miss X, complained the Council had failed to name a local special school in her son’s Education Health and Care Plan (EHC Plan).

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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. 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)
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.

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How I considered this complaint

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

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My assessment

7. We will not start an investigation into Miss X’s complaint.
8. Parents who are unhappy with the content of their child’s EHC Plan have a right of appeal to the SEND Tribunal. It is the mechanism established by Parliament for parents to challenge such decisions. The Tribunal can decide if an EHC Plan should be amended. That is not a decision the Ombudsman can take. It is therefore reasonable for Miss X to use her right of appeal and so we will not investigate.

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Final decision

9. We will not investigate Miss X’s complaint because it is reasonable for her to use her right of appeal to the SEND Tribunal.

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Investigator's decision on behalf of the Ombudsman