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

The complaint

1. Ms X complains the Council has failed to ensure her daughter, C, received one to one support at one of her Education Other than at School (EOTAS) placements. She says this has prevented C from feeling able to attend the placement.

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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 the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. C has an Education, Health and Care (EHC) plan and has been receiving education as part of an EOTAS package.
8. Ms X became concerned a placement was no longer offering C one to one provision after a member of staff left. She complained to the Council who confirmed the provision included support with another peer. It said this was in line with objectives set out in C’s EHC plan.
9. Ms X says C cannot cope with provision with another peer and that she does not want to engage with the provision on this basis. Further she says being asked to engage with this has caused her to regress. To resolve the complaint, she would like for the EHC plan to be amended.
10. We will not investigate this matter. Ms X’s concerns relate to the contents of C’s EHC plan, and this carries a right of appeal to the tribunal which it would be reasonable for Ms X to have used. We have no powers to amend section F of the EHC plan.

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Final decision

11. We will not investigate Ms X’s complaint because it is reasonable to expect Ms X to have used her right of appeal.

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Investigator's decision on behalf of the Ombudsman