Summary: We will not investigate this complaint about the Council refusing Mr X’s request his child be taught out of year group. If Mr X wanted to challenge the Council’s decision, then it was reasonable for him to appeal to the First-tier Tribunal (Special Educational Needs and Disability).

The complaint

1. The complainant, Mr X, complained the Council has refused his request that his child be taught out of year group. Mr X wanted to delay his child’s transition to junior school by a year. Mr X’s child has an 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 Mr X’s complaint.
8. When a child has an EHC Plan, being educated in a different year group to children of the same age can be special educational provision. This is set out in the EHC Plan. It is not for us to take a view on whether the content of an EHC Plan is appropriate. Parents unhappy with the content of their child’s EHC Plan have a right of appeal to the SEND Tribunal. It is the mechanism set up but Parliament for parents to challenge such decisions. The SEND Tribunal can decide if the content of an EHC Plan should be changed, including the special educational provision. We cannot. An appeal to the SEND Tribunal could give Mr X the outcome he wants. It was reasonable for Mr X to use his appeal rights and so we will not investigate.

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Final decision

9. We will not investigate Mr X’s complaint because it was reasonable for him to appeal to a tribunal.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman