Summary: We cannot investigate this complaint about the school named in an Education Health and Care Plan as Mrs X has appealed to a Tribunal.

The complaint

1. Mrs X says the Council has named the wrong school in an Education Health and Care Plan (EHC Plan).

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by Mrs X.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says the Council has named School Y in her child’s EHC Plan. She believes School Z is more suitable. She has appealed to the Tribunal.
6. A child or young person with special educational needs may have an EHC Plan. This document sets out the child’s needs and what arrangements should be made to meet them. We cannot direct changes to the the name of the educational placement. Only the Tribunal or the council can do this. 
7. We cannot investigate why the Council named School Y or whether School Y is suitable as Mrs X has appealed.

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Final decision

8. We cannot investigate Mrs X’s complaint because she has appealed to the Tribunal.

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Investigator's decision on behalf of the Ombudsman