Summary: We will not investigate Ms X’s complaint that the Council failed to provide a school place for her child who has an Education Health Care (EHC) Plan. Part of the complaint is late, and it was reasonable for Ms X to appeal to the SEND Tribunal if she disagreed with the content or provision in the EHC Plan.

The complaint

1. Ms X complained the Council failed to provide a school place to her child, Y, for 3 years, and about the content of Y’s EHC Plan.
2. Ms X said the matter caused her distress and frustration. She said Y did not have access to the provision set out in their Education Health Care (EHC) Plan.

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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. 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)
5. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions about special educational needs. We refer to it as the SEND Tribunal in this decision statement.
6. 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)

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How I considered this complaint

7. I considered information provided by Ms X and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Ms X’s child, Y, has an Education Health and Care (EHC) Plan. In 2022 Ms X declined a specialist secondary school placement for Y and chose to home educate them. She did not use her right of appeal to the SEND Tribunal. The Council advised Ms X of her responsibilities regarding Y’s elective home education.
10. In February 2023 Ms X told the Council she could not continue to home educate Y due to her health. In March 2023 the Council agreed to arrange home tuition for Y until a suitable school could be found.
11. Between 2022 and 2024 the Council consulted and made 3 separate school offers to Ms X for Y which she declined.
12. The Council completed annual reviews of Y’s EHC plan without delay. The Council informed Ms X of her right to appeal to the SEND Tribunal about the content of the EHC Plan.

Analysis

13. Ms X complained to the Ombudsman in April 2025. I have not seen any reasons why Ms X could not have complained to us sooner. Consequently, I did not exercise discretion to consider matters before April 2024.Part of Ms X’s complaint was that Y’s EHC Plan did not reflect their needs and that the named school in section I was wrong.
14. The Ombudsman cannot instruct the Council to change the named school in section I, the description of a child’s needs in section B, or the provision outlined in section F. Only the Council or SEND Tribunal can do this. Because the Ombudsman cannot make these changes, and because Ms X was informed of her right to appeal the content of the EHC Plan to the Tribunal, it is reasonable to expect her to have used that right. Consequently, we will not investigate this complaint.
15. Ms X complained Y did not receive the content of their EHC Plan. However, the reason Y did not receive the content of their EHC Plan is too closely related to Ms X’s disagreement about the named school in section I of the EHC Plan. Therefore, because we decided it was reasonable for Ms X to appeal this matter to the SEND Tribunal, we will not investigate.
16. A new school has now been named in Y’s EHC Plan. If Ms X disagrees with the named school, she has the right to appeal to the SEND Tribunal, and we will not investigate this matter.

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Final decision

17. We will not investigate Ms X’s complaint. Part of the complaint is late and it was reasonable to expect Ms X to appeal to the SEND Tribunal if she disagreed with the content or provision in the EHC Plan.

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Investigator's decision on behalf of the Ombudsman