Summary: We will not investigate Miss X’s complaint about missed Special Educational Needs provision. This is because we could not add to the investigation carried out by the Council. We cannot investigate the contents of a final Education Health and Care plan issued by the Council because Miss X has used her right of appeal to a tribunal.

The complaint

1. Miss X complains that the Council failed to meet the therapeutic provision detailed in her child’s Education Health and Care (EHC) Plan. She also complains that the Council failed to properly consider professional advice when issuing an amended EHC Plan.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)
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. I will not investigate Miss X’s complaint that the Council failed to implement the therapeutic provision detailed in her child’s final EHC Plan. The Council has upheld the complaint, apologised to Miss X and agreed to remedy the complainant’s injustice by arranging catch-up provision and making a payment to Miss X to remedy the distress this caused. Further investigation by us would therefore not be proportionate.
8. I cannot investigate Miss X’s complaint about what the Council included in her child’s final EHC Plan, following an annual review. This is because Miss X has used her right of appeal to the SEND Tribunal about these matters.

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Final decision

9. We will not investigate Miss X’s complaint because we could not add to the investigation carried out by the Council into the lack of therapeutic provision. We cannot investigate the contents of a final Education Health and Care plan issued by the Council because Miss X has used her right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman