Summary: We cannot investigate Miss Y’s complaint about changes made to an educational psychologist’s report concerning her child. This is because it is closely linked to her SEND Tribunal appeal about her child’s Education, Health and Care Plan.

The complaint

1. Miss Y complains the Council refused to provide reasons why an amended educational psychologist (EP) report was issued five months after the original report.

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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 SEND 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. In March 2025, Miss Y complained to the Council about an amended EP report concerning her child. She said, despite several requests, the Council had refused to tell her why the EP had made changes to the original report.
8. I cannot investigate Miss Y’s complaint. The amended EP report was issued during Miss Y’s appeal to the SEND Tribunal. Based on the evidence I have seen, Miss Y’s appeal concerned the content of her child’s Education, Health and Care Plan (EHC Plan). The Tribunal has wide powers to order the completion of reports and provision of evidence by parties. Miss Y could refer the matter to the Tribunal to resolve. I cannot look at matters that overlap with the Tribunal’s role.

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Final decision

9. We cannot investigate Miss Y’s complaint about changes made to an educational psychologist’s report concerning her child. This is because it is closely linked to her SEND Tribunal appeal about her child’s Education, Health and Care Plan.

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Investigator's decision on behalf of the Ombudsman