Summary: We will not investigate Miss X’s complaint about delays in providing an education to her child. The Council has accepted fault and its offer to remedy the complaint meets with our guidance on remedies. We are unlikely to achieve more.

The complaint

1. Miss X says the Council delayed in providing a suitable education for her child B.

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The Ombudsman’s role and powers

2. 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)
3. 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.
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
5. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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How I considered this complaint

6. I considered information provided by Miss X and the Council’s replies to her.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss X asked the Council to carry out an Education Health and Care Plan (EHC Plan) needs’ assessment in February 2023. It did so, and published its Final EHC Plan in January 2024. Miss X was not happy with the EHC Plan. In particular, she wanted School Y to be named on the EHC Plan. The Council had just named a ‘specialist setting’. Miss X appealed to the Tribunal.
9. The Tribunal decided in September 2024 to order the Council to name School Y. The Council amended the EHC Plan and issued a final amended version in October 2024.
10. Miss X complained to the Council in November 2024. She said B had missed education because of delays in the process and because the Council had not named School Y in January 2024. B was due to start in reception in September 2024 but their start was delayed. She says this has affected her ability to work.
11. The Council replied to her complaint in December 2024. It accepted fault and offered £2200 for missed education in the Autumn of 2024, when B became of compulsory school age. The Council had no duty to provide education before then.

Analysis

12. We cannot investigate why the Council did not name School Y in the EHC Plan in January 2024 as what setting should be named in the EHC Plan was the subject of Miss X’s Tribunal appeal.
13. We cannot investigate any problems, such as missed education, caused by delays in the Tribunal process.
14. The Council’s offer meets with our guidance on remedies.

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Final decision

15. We will not investigate Miss X’s complaint because we are unlikely to achieve a significantly different remedy than already offered, as the Council’s offer meets with our guidance on remedies.

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Investigator's decision on behalf of the Ombudsman