• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• My assessment
• Final decision

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council not naming the complainant’s son’s preferred college in his Education Health and Care Plan (EHCP) in accordance with a tribunal decision. This is because there is no evidence the tribunal made such an order and we have no legal jurisdiction to decide what should have been ordered as part of those legal proceedings. Further, the naming of an educational placement in an EHCP carries a right of appeal to the same tribunal which we consider the complainant could exercise.

The complaint

1. The complainant (Mr X) complains the Council failed to comply with an order by the Special Educational Needs and Disability Tribunal (Tribunal) by not naming a preferred college for their son to attend in his Education Health and Care Plan (EHCP). In summary, Mr X says the alledged fault means he son cannot attend his preferred educational setting which is best suited to his needs. He wants the Council to name his son’s preferred educational setting in his EHCP.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended).
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).

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How I considered this complaint

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says the Tribunal ordered in February 2024 for the Council to maintain an EHCP for his son and to name Mr Q’s preferred college as the placement for him to attend. The Council says the Tribunal did not order this. I have looked at the relevant section of the order and this is limited to the Council needing to maintain an EHCP for Mr Q. It says it is matter of investigation whether Mr Q’s preferred college can provide the necessary support to meet needs, but this is not an issue the Tribunal is being asked to decide. I see no evidence CNN should be named as per the order. We cannot investigate what should be in that order for the reasons provided under paragraph two (above).
6. Further, when a placement is named in an EHCP, this will carry a right of appeal to the Tribunal. If the complainant therefore disagrees with the named placement, he can exercise that right. Mr X understands the appeal process and therefore it would be reasonable for him to do so. I acknowledge the issue raised by Mr X, but it is not for us to decide the named school placement.

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Final decision

7. We will not investigate this complaint. This is because the restrictions I outline at paragraphs two and three (above) apply.

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Investigator's decision on behalf of the Ombudsman

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