Summary: We will not investigate Miss X’s complaint about the Council’s decision to remove provision from her child’s Education Health and Care Plan. It is reasonable for her to use her right of appeal to a tribunal.

The complaint

1. Miss X complains about the Council’s decision to remove Occupational Therapy (OT) provision from her child’s Education Health and Care (EHC) Plan.

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The Ombudsman’s role and powers

2. 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)
3. The First-tier Tribunal (Special Educational Needs and Disability – SEND) 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I will not investigate Miss X’s complaint. This is because she has a right of appeal to the SEND Tribunal about the contents of her child’s EHC Plan. Only the Tribunal can direct the Council to make the changes she seeks.

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Final decision

7. We will not investigate Miss X’s complaint because it is reasonable for her to use her right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman