Summary: We will not investigate this complaint about the Council’s decision to cease to maintain the complainant’s Education and Health Care Plan in 2023. This is because the Council’s decision carries a right of appeal to a statutory tribunal and we consider it would have been reasonable for the complainant to exercise this appeal right once he became aware of this.

The complaint

1. The complainant (Mr Q) complains about the Council’s decision to cease his Education and Health Care (EHC) plan in 2023. He says the Council notified him of this decision by writing to his mother’s address despite him no longer living there. He says this deprived him of his right of appeal the decision.
2. In summary, Mr Q says he has received a unsatisfactory service from the Council and the alledged fault has had a significant impact on his educational and emotional wellbeing. As a desired outcome, he wants the Council to be held accountable for its failings, improve its service and pay him compensation.

Back to top

The Ombudsman’s role and powers

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).

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Council carried out a review of Mr Q’s EHCP in November 2022 and made a decision to cease this in March 2023. The decision to end an EHC plan carries a right of appeal to the Special Educational Needs and Disability Tribunal (Tribunal). I recognise Mr Q says the Council failed to properly notify him of this decision due to it writing to him at an address he longer lives at. However, I do not accept on the evidence that this means he did not become aware of the Council’s decision in order to appeal this to the Tribunal.
6. In particular, the Council’s decision letter informed that Mr Q’s EHC plan would end the following month. It is clear he would have become aware of the decision as he would have noticed the support under his EHC plan was no longer being provided. Further, I note that Mr Q requested an EHC needs assessment to inform a decision whether to maintain a new EHC plan. This assessment process commenced in June 2024, prior to him bringing a complaint to us.
7. The evidence suggests Mr Q became aware of the Council’s decision to cease his plan and therefore he could have appealed, although possibly beyond the appeal time limits. However, this does not mean the right of appeal is lost. If a person misses the appeal deadline, they may ask for an extension of this and a Tribunal Judge may extend the time for making the appeal. I recognise the issues being raised by Mr Q, but the evidence does not suggest his appeal right was lost and that he could have reasonably appealed on becoming aware of the decision.

Back to top

Final decision

8. We will not investigate this complaint. This is because the restriction I outline at paragraph three (above) applies.

Back to top

Investigator's decision on behalf of the Ombudsman