Summary: We will not investigate this complaint about the content of an Education, Health and Care Plan. Mrs X has appealed to a tribunal and so the complaint is outside our jurisdiction with no discretion to investigate.

The complaint

1. The complainant, Mrs X, complained about the content of her child’s Education, Health and Care Plan (EHC Plan). Mrs X is unhappy her child will only attend her preferred setting for three days a week. Mrs X wants her to attend for five days a week.

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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. We will not start an investigation into Mrs X’s complaint. It is not for us to take a view on whether the content of the EHC Plan is appropriate. This matter carries a right of appeal to the SEND Tribunal. This is the proper route by which to challenge the content of an EHC Plan. Mrs X says she has used this right.
8. Where appeal rights have been used, the matter is outside our jurisdiction from the point at which the appeal rights were available. The SEND Tribunal can decide if the EHC Plan should be changed. We cannot. There is no discretion available to us to consider this matter.

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Final decision

9. We will not investigate Mrs X’s complaint because she has appealed to a tribunal. It is therefore outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman