London Borough of Lewisham (24 016 684)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 03 Aug 2025
The Ombudsman's final decision:
Summary: We cannot investigate Ms M’s complaint about her son’s education because Ms M has appealed to the SEND Tribunal about the same matter.
The complaint
- Ms M withdrew her son, B, from primary school in February 2024. The Council says she chose elective home education. Ms M says she did not. She is paying for some tuition but wants the Council to arrange education for B outside school (known as EOTAS) and refund the money she has paid for B’s tuition.
The Ombudsman’s role and powers
- We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)
- 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.
How I considered this complaint
- I considered information provided by Ms M and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- B has an education, health and care (EHC) plan maintained by the Council.
- The Council issued B’s EHC Plan on 28 March 2024 and wrote ‘elective home education’ in section I. The Council issued a further final plan on 14 February 2025 which said elective home education until July 2025 and a mainstream secondary school from September 2025.
- Ms M appealed and asked the SEND Tribunal to specify EOTAS in B’s EHC Plan.
- We cannot investigate Ms M’s complaint about B’s education because she has appealed to a tribunal about the same matter. The Tribunal will decide whether B should receive his education at school or otherwise.
Final decision
- We cannot investigate Ms M’s complaint about her son’s education because Ms M has appealed to the SEND Tribunal about the same matter.
Investigator's decision on behalf of the Ombudsman