Summary: We will not investigate Miss X’s complaint about the failure to provide Y with an education as we are unlikely to find fault. And it is reasonable to expect Miss X to have appealed the Council’s decision not to assess Y for an Education Health and Care Plan.

The complaint

1. Miss X says the Council has failed to provide an education to Y and refused to assess Y for an Education Health and Care Plan (EHC Plan).

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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.
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Miss X is Y’s mother. Miss X says Y is out of education due to sensory issues and anxiety. Y is over 16. Miss X asked the Council to assess Y for an Education Health and Care Plan (EHC Plan). It refused. It says it sent her its decision in March 2024 and told her about her appeal rights to the Tribunal.
8. Miss X would like the Council to provide education for Y which she is currently paying for privately. Miss X says not attending school is affecting Y’s health.
9. As Y is not of compulsory school age. The Council has no duty to provide Y with an education. It is unlikely we would find fault in it not doing so.
10. We cannot look at the Council’s decision to refuse to assess Y for an EHC Plan. Miss X had a right of appeal of that decision to the Tribunal and it is reasonable to expect her to have used it.

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Final decision

11. We will not investigate Miss X’s complaint because it is unlikely we would find fault in it not providing an education and it is reasonable to expect Miss X to have appealed to the Tribunal.

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Investigator's decision on behalf of the Ombudsman