Summary: We cannot investigate Mrs Y’s complaint the Council failed to arrange a suitable school placement or alternative educational provision for her child. These matters overlap with SEND Tribunal appeals about her child’s Education, Health and Care Plan. And we cannot investigate her complaint about the actions of a school.

The complaint

1. Mrs Y complains the Council:
1. failed to name her parental preference, School A, in her child, B’s Education, Health and Care Plan (EHC Plan); and,
2. failed to meet deadlines set by the SEND Tribunal.
2. In October 2024, the SEND Tribunal decided the Council must name School A in B’s Plan. Following this, Mrs Y complains:
1. School A decided to place B in its nursery setting instead of its reception class; and,
2. the Council completed an early annual review, but still named School A in Section I despite her concerns.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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.
6. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
7. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)

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How I considered this complaint

8. I considered information provided by the complainant.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. We cannot investigate Mrs Y’s complaint about the Council’s original decision not to name School A in B’s EHC Plan. Mrs Y has already appealed to the SEND Tribunal about this issue. We cannot look at the consequences of the Council’s decision either. This includes Mrs Y’s complaint that B would have been able to start in reception year, instead of nursery, in September 2024 if the Council had named School A. The alleged fault in the Council’s decision-making is directly linked to Mrs Y’s appeal. We have no power to look at any complaint that overlaps with a SEND Tribunal appeal.
11. We cannot investigate Mrs Y’s complaint about the Council’s behaviour during the SEND Tribunal process. The Courts have been clear that we have no power to look at these issues. The way the Council conducts itself within the SEND Tribunal is a matter for the Tribunal. It is reasonable to have expected Mrs Y to have raised these issues with the SEND Tribunal.
12. In late October 2024, the SEND Tribunal decided the Council must name School A in B’s EHC Plan.
13. B started attending School A. Mrs Y is unhappy with School A’s decision to admit B into its nursery setting, instead of reception year. We cannot investigate Mrs Y’s complaint about School A’s decision or staff members’ treatment of B.
14. The Council carried out an early annual review. Mrs Y told it about her concerns. The Council decided School A was still suitable and named it in the Plan.
15. We cannot investigate Mrs Y’s complaint that School A was no longer a suitable placement or the Council failed to arrange educational provision while B was out of school. Mrs Y has made a further appeal to the SEND Tribunal about the Council’s decision to name School A in B’s Plan. These matters overlap with this second SEND Tribunal appeal. Any dispute over provision while B was not in school is linked to Mrs X’s appeal that the school named in Section I was unsuitable for her child’s needs.

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Final decision

16. We cannot investigate Mrs Y’s complaint that the Council failed to arrange a suitable school placement or alternative educational provision for her child. These matters overlap with SEND Tribunal appeals about her child’s Education, Health and Care Plan. We cannot investigate her complaint about the conduct of a School that her child attended. We have no power to investigate schools.

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Investigator's decision on behalf of the Ombudsman