Summary: We will not investigate this complaint about ceasing an Education Health and Care Plan. It was reasonable for Ms X to use her right of appeal to a tribunal, therefore the matter is out of our jurisdiction.

The complaint

1. Ms X complains the Council have decided to stop her son's Education Health and Care (EHC) Plan.

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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 SEND 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. Ms X’s son, Mr Y has an EHC Plan and attends a post-19 provision college.
8. The Council made a decision to cease Mr Y’s EHC Plan. The Council said Mr Y had met the education outcomes on his EHC Plan.
9. Ms X complains Mr Y’s EHC Plan should not be ceased because he has not achieved all the outcomes. She says the Council failed to consult the school when making the decision.
10. The Council have advised Ms X of her right to appeal the decision to cease Mr Y’s EHC Plan. It would have been reasonable for Ms X to appeal to the SEND Tribunal.

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Final decision

11. We will not investigate Ms X’s complaint. It was reasonable for Ms X to use her right of appeal to the SEND Tribunal, therefore the matter is out of our jurisdiction.

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Investigator's decision on behalf of the Ombudsman