Summary: We will not investigate Ms X’s complaint about the contents of her son’s Education, Health and Care Plan. This is because it would be reasonable for Ms X to appeal.

The complaint

1. Ms X complains the Council named a mainstream setting for her son, Y, in their Education, Health and Care (EHC) Plan. She says this is unsuitable as Y cannot cope with big year groups.

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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. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (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 Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate this complaint. This is because Ms X’s concerns relate to the contents of Y’s EHC Plan- specifically Section I (the name and type of school to be attended)- and this carries a right of appeal to the Tribunal which it would be reasonable for Ms X to use. We have no powers to overturn the Council’s decision or to change the school or type of placement listed in the EHC Plan.

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Investigator's decision on behalf of the Ombudsman