Summary: We will not investigate Ms X’s complaint that the Council’s actions have meant that her son has missed out on a full-time education. This is because Ms X has used her right of appeal to a tribunal and the education provision in place is not separable from that appeal.

The complaint

1. Ms X says the Council has failed to provide full-time education provision for her son, Y, after they moved to the Council’s area in November 2023.

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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. 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.

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How I considered this complaint

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

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My assessment

7. I cannot investigate the provision in place for Y. A final Education Health and Care (EHC) Plan has been issued for Y and outlines the education provision he will receive. Ms X and has appealed to the SEND Tribunal about this. The provision in place whist the appeal is being considered is not separable from the appeal itself.

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Final decision

8. We will not investigate Ms X’s complaint because the education provision in place for Y is not separable from her appeal to the SEND Tribunal.

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Investigator's decision on behalf of the Ombudsman