Coventry City Council (25 004 541)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 03 Sep 2025
The Ombudsman's final decision:
Summary: We will not investigate Dr Y’s complaint about the Council’s decision not to assess their child for an Education, Health and Care Plan. This Is because it is reasonable for Dr Y to use their right of appeal to a tribunal.
The complaint
- The complainant, whom I shall refer to as Dr Y, complained the Council has refused to assess their child for an Education, Health and Care Plan (EHC Plan). Dr Y believes the Council’s decision is wrong and means their child is not receiving the support they need.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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.
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not start an investigation into Dr Y’s complaint.
- Parents who are unhappy with a council’s decision not to assess their child for an EHC Plan have a right of appeal to the Tribunal. It is the mechanism set up by Parliament for parents to challenge such decisions. The Tribunal can decide if the Council should carry out an assessment. This is not a decision we can take. It is therefore reasonable for Dr Y to appeal as it could give them the outcome they want.
Final decision
- We will not investigate Dr Y’s complaint because it is reasonable for them to use their right of appeal.
Investigator's decision on behalf of the Ombudsman