Summary: We will not investigate Mr X’s complaint about a Council’s decision not to arrange for a speech and language assessment as part of an Education Health and Care Plan for his son. This is because Mr X has the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability) and it would be reasonable for him to do so.

The complaint

1. Mr X complained the Council did not arrange for a speech and language assessment as a part of his son’s Education Health and Care (EHC) plan. Mr X said this meant the EHC plan did not give a full insight into his son’s needs.

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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. Mr X requested his son had a speech and language assessment as part of his EHC needs assessment. Mr X said another professional advised his son would benefit from a speech and language assessment. The Council said it does not have evidence of this recommendation.
8. The Council has issued the final EHC plan for Mr X’s son. Mr X feels that without the speech and language assessment the plan does not give full insight into his sons needs.
9. The Council has advised Mr X of his right to appeal to the Tribunal if he is unhappy with the plan, this includes the assessment process.
10. We cannot investigate this complaint about the EHC assessment process as Mr X has the right of appeal to the Tribunal. Where appeal rights exist, the Ombudsman normally expects them to be used, and it would be reasonable for Mr X to do so in this case.

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Final decision

11. We will not investigate Mr X’s complaint because he has the right to appeal to the Tribunal, and it would be reasonable for him to do so.

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Investigator's decision on behalf of the Ombudsman