Summary: We will not investigate Ms M’s complaint about the education her son B missed because much of it is too old and there is insufficient evidence of fault to justify investigation of more recent events. We cannot investigate Ms M’s complaint once she appealed to the SEND Tribunal.

The complaint

1. Ms M complains her son, B, did not receive special educational provision in his education, health and care (EHC) Plan when he started secondary school in September 2023 and as a result she says he quickly became unable to attend school due to anxiety. She complains the Council failed to make alternative arrangements and B received no education for more than a year.

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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 late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (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 Tribunal in this decision statement.
6. We will not start an investigation if we decide the tests set out in our Assessment Code are not met. This may be when:
• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

7. I considered information provided by Ms M.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. I have considered events since 24 March 2024, 12 months before Ms M complained to us. Events before this are too old.
10. The Council held an emergency annual review of B’s EHC Plan on 14 April 2024.
11. The emergency review was a response to Ms M’s concerns about B’s education. It was an opportunity for the Council to consider whether the provision was appropriate, and whether changes were needed.
12. The Council completed the review in 11 weeks and issued an amended Plan on 30 May 2024. The Council complied with the timescales for the review. There is no evidence of fault that would justify investigating further.
13. The amended Plan said B would remain at the same school. Ms M disagreed and appealed to the SEND Tribunal.
14. I cannot consider Ms M’s complaint from 30 May 2024 because of her appeal.

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Final decision

15. We will not investigate Ms M’s complaint because much of it is too old and there is insufficient evidence of fault to justify investigation of more recent events. We cannot investigate Ms M’s complaint once she appealed to the SEND Tribunal.

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Investigator's decision on behalf of the Ombudsman