Summary: We will not investigate Mrs X’s complaint about the Council’s decision to cease to maintain an Education Health and Care Plan. Mrs X appealed the Council’s decision to the Tribunal, and we cannot investigate the same decision.

The complaint

1. Mrs X says the Council should not have suddenly ceased B’s Education Health and Care Plan (EHC Plan).

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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.

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How I considered this complaint

4. I considered information provided by Mrs X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X is B’s mother. She says the Council suddenly ceased B’s EHC Plan. She says it did so without proper consultation. Mrs X appealed the Council’s decision to SEND. She says the Council conceded the appeal. She says it was unfair that she had to appeal. She says “the recommendation to cease was based on incorrect information read in review paperwork”. She says it added more stress to their family life.

Analysis

7. We cannot investigate Council decisions which have been subject to a Tribunal appeal. This includes the process that led up to the Council’s decision.

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Final decision

8. We cannot investigate Mrs X’s complaint because we cannot investigate decisions which have been subject to a Tribunal appeal.

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Investigator's decision on behalf of the Ombudsman