Summary: We cannot investigate Mrs Y’s complaint about the content and school named in her child’s Education, Health and Care Plan. These issues are the subject of a SEND Tribunal appeal. We cannot investigate Mrs Y’s complaint about the adequacy of an educational psychologist report. This is because it is closely linked to the appeal.

The complaint

1. Mrs Y complains the Council:
1. included incorrect information about her child, B’s needs in B’s Education, Health and Care Plan (EHC Plan);
2. failed to name a specialist placement in B’s EHC Plan;
3. failed to carry out an in-person assessment by its educational psychologist; and,
4. poorly handled and delayed responding to her complaint.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the Tribunal in this decision statement.

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I cannot investigate Mrs Y’s complaint about the content of B’s EHC Plan, including the suitability of the placement named in Section I. This is because she has appealed to the SEND Tribunal about these matters.
8. I cannot investigate Mrs Y’s complaint about the adequacy of the educational psychologist’s report. The injustice caused by a poor report would be that the EHC Plan does not meet B’s needs, which is the subject of Mrs Y’s appeal. The SEND Tribunal has wide powers to order the completion of reports. Mrs Y could refer the matter to the Tribunal to resolve. I cannot look at matters that overlap with the Tribunal’s role.
9. It is not proportionate to consider Mrs Y’s complaint about the Council’s complaint handling alone when we are not looking at the substantive matters.

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Final decision

10. We cannot investigate Mrs Y’s complaint about the content and school named in her child’s EHC Plan. This is because these issues are the subject of a SEND Tribunal appeal. We cannot investigate Mrs Y’s complaint about the adequacy of an educational psychologist report. This matter is closely linked to the appeal.

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Investigator's decision on behalf of the Ombudsman