Summary: We will not investigate this complaint about how the Council has dealt with the education and SEN provision for the complainant’s child. This is because there is insufficient evidence of fault, and the complainant has used their right of appeal to a tribunal.

The complaint

1. Miss X complains about how the Council has dealt with her child’s Special Educational Needs and education provision. Miss X says the Council refused to agree to a change of school placement, refused an emergency review of her child’s Education Health and Care (EHC) Plan, failed to secure Special Educational Needs (SEN) provision detailed in the EHC Plan and failed to arrange alternative education provision after her child stopped attending school. Miss X also complains about delays completing a review of her child’s EHC Plan and in responding to her complaint.

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The Ombudsman’s role and powers

2. 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))
3. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

8. I will not investigate Miss X’s complaint.
9. Miss X appealed the Council’s decision not to name a different school placement in her child’s EHC Plan to the SEND Tribunal placing this matter outside of our jurisdiction.
10. The Council met with Miss X, considered her reasons for wanting an emergency review and fully explained why it did not consider one to be necessary. Whilst Miss X may strongly disagree with the decision, there is insufficient evidence of fault with how the Council dealt with her request.
11. Miss X’s complaint about how the Council dealt with previous reviews is made late and I see no good reason why a complaint about this could not have been made sooner.
12. In response to Miss X’s concerns that SEN provision wasn’t being met, the Council contacted the school which provided a response outlining how provision was being met. The Council reviewed the information and was satisfied the provision was met. The Council agreed to hold a further meeting with the school in the Autum to further review how provision was being met. I have seen no evidence of fault in how the Council dealt with this element of Miss X’s complaint.
13. Miss X’s son stopped attending school in November 2023 due to a medical matter and returned in January 2024. There is insufficient fault with the Council for not arranging alternative education provision during this period because the Council was not made aware of the absence.
14. Miss X complains that the Council delayed responding to her complaints about these matters. However, it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

15. We will not investigate Miss X’s complaint because there is insufficient evidence of fault and because she has used her right of appeal to the SEND Tribunal.

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Investigator's decision on behalf of the Ombudsman