Summary: We will not investigate Mrs X’s complaint about what information the Council decided to include in her child’s Education, Health and Care Plan. This is because Mrs X has the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability) and it would be reasonable for her to do so.

The complaint

1. Mrs X complains the Council decided not to use the amendments she made to her child’s Education, Health and Care (EHC) Plan and it ignored advice. She says this has resulted in a Plan that does reflect her child’s needs.

Back to top

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.

Back to top

How I considered this complaint

5. I considered information provided by Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mrs X requested amendments to be made to her child’s EHC Plan following a review. The Council advised Mrs X that not all amendments would be included.
8. The Council also advised Mrs X that when it issues the final EHC Plan it will provide her with the right to appeal to the Tribunal if she is not satisfied with the content of the EHC Plan.
9. We cannot investigate this complaint as Mrs X will have the right to appeal to the Tribunal. Where appeal rights exist, the Ombudsman normally expects them to be used, and it would be reasonable for Mrs X to do so in this case.

Back to top

Final decision

10. We will not investigate Mrs X’s complaint because she has the right to appeal to the Tribunal, and it would be reasonable for her to do.

Back to top

Investigator's decision on behalf of the Ombudsman