Summary: We will not investigate Mr X’s complaint that the Council failed to include a sensory assessment in his son’s Educational Health and Care Plan. These decisions carry a right of appeal which it would be reasonable for Mr X to use.

The complaint

1. Mr X complains the Council failed to include a sensory assessment in his son’s Educational Health and Care Plan (EHC Plan). He says his son’s needs are not being fully met.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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. We may decide to investigate if we consider it would be unreasonable to expect the person to use this right but cannot investigate if they have already used it. (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 about 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 Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. A child or young person with special educational needs may have an EHC Plan. This sets out the child’s needs and what arrangements should be made to meet them. The EHC Plan is set out in sections. We cannot direct changes to the sections about their needs, education, or the name of the educational placement. Only the SEND Tribunal or council can do this.
8. Mr X says the Council has failed to include a need for a sensory assessment with a therapist in his son’s EHC Plan. The Council say it is up to the school to arrange.
9. As part of the right of appeal to the Tribunal, a person can challenge the special educational provision specified and can request an amendment to the elements of the plan. The SEND Tribunal has wide powers to order assessments be completed.
10. I will not investigate Mr X’s complaint because the SEND Tribunal is better placed to consider the contents of the EHC Plan and decide whether a sensory assessment is required. It is also reasonable to expect Mr X to use the Tribunal in these circumstances.

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Final decision

11. We will not investigate Mr X’s complaint because it is reasonable for him to use his right of appeal to the SEND Tribunal about this matter.

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Investigator's decision on behalf of the Ombudsman