Summary: We cannot investigate this complaint about failure to secure suitable education and special educational needs provision as set out in an Education, Health and Care Plan. This is because Mrs X started legal action against the Council about the same issues.

The complaint

1. Mrs X complains the Council failed to ensure her child D received suitable education and special educational needs (SEN) provision after it issued an amended Education, Health, and Care (EHC) Plan in December 2024, following an order by the First-tier Tribunal (Special Educational Needs and Disability). She says the Council failed to:
• follow the Tribunal’s order within the correct timescales and issue a correctly amended EHC Plan;
• ensure D received education and SEN provision in line with the new EHC Plan once this was in place; and
• respond when she complained about these issues.
2. Because of this Mrs X says D missed educational provision which caused them to decline. She also says both her and D experienced distress.
3. Mrs X wants the Council to:
• ensure D’s EHC Plan is in place immediately; and
• provide a financial remedy to recognise the provision D missed, distress caused to her and D, and money she spent on legal costs to try and resolve the issues.

Back to top

The Ombudsman’s role and powers

4. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

Final decision

8. We cannot investigate Mrs X’s complaint because in July 2025 she applied to court for a judicial review claim against the Council. Mrs X’s legal claim was that the Council failed to secure the provision in D’s December 2024 EHC Plan, which is the same as the substantive issue of her complaint to the Ombudsman.

Back to top

Investigator's decision on behalf of the Ombudsman