Dorset Council (24 016 702)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 14 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint that the Council failed to arrange alternative provision for her daughter and assign an alternative school. It is reasonable to expect Mrs X to appeal to the Special Educational Needs Tribunal.
The complaint
- Mrs X complains the Council did not arrange suitable provision for her daughter and assign an alternative school. She says that this issue has caused a great deal of distress and upset.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about this 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)
- 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.
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- 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.
- The Council has decided not to amend the school named on the EHC Plan. It is reasonable for Mrs X to use her right to appeal this decision if she disagrees, and I will therefore not investigate. The education provision in place for Mrs X’s daughter whilst the appeal is being considered, is not separable from the appeal itself.
Final decision
- We will not investigate Mrs X’s complaint because it is reasonable for her to use her right of appeal to the SEND Tribunal about this matter.
Investigator's decision on behalf of the Ombudsman