Summary: We will not investigate this complaint about the advice the Council secured during an Education, Health, and Care needs assessment. Miss X can appeal the Council’s decision here, and it would be reasonable to expect her to use this appeal right.

The complaint

1. Miss X complained because the Council refused to commission private reports in line with her request, during an Education, Health, and Care (EHC) needs assessment for her child. Miss X said this meant the final EHC Plan does not cover her child’s needs. Miss X also said the Council did not reply to her complaints in good time.
2. Miss X said the Council’s actions caused her and her child significant stress

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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

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

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My assessment

8. Miss X complained to the Council, because she had asked it to obtain additional reports for her child, during an EHC needs assessment. Miss X said these related to:
• Occupational therapy;
• Speech and language therapy, and;
• Paediatric advice.
9. The Council replied to Miss X and explained why it had not agreed to her request and explained she could appeal the final EHC Plan if she disagreed with it.
10. We will not investigate Miss X’s complaint about the Council’s decision on what experts to instruct, because the consequence of this decision is the content of the eventual EHC Plan. In the circumstances of this complaint, Miss X has also said the EHC Plan does not meet her child’s needs. The content of an EHC Plan has a right of appeal and it would be reasonable to expect Miss X to use that right.
11. In any case, we cannot direct changes to an EHC Plan, or tell the Council what reports it needs to obtain. Only the SEND Tribunal has the powers to do this.

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Final decision

12. We will not investigate Miss X’s complaint, because she has a right of appeal, and it would be reasonable to expect her to use it.

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Investigator's decision on behalf of the Ombudsman