Summary: We cannot investigate most of Mr X’s complaint about his child’s Education, Health and Care (EHC) Plan because he appealed to a tribunal, and the law says we cannot investigate. We will not investigate his complaint about delays in the annual review process for the EHC Plan between 2018 and 2023 because it is late.

The complaint

1. Mr X complained the Council:
1. failed to conduct reviews of his child, Y’s, Education, Health and Care (EHC) Plan between 2018 and 2023;
2. issued an updated final EHC Plan without his agreement, leading to an unsuitable final EHC Plan being made in 2024; and
3. failed to secure a suitable school placement for Y during a tribunal appeal.
2. Mr X said the matter caused him distress and frustration. Mr X said the matter caused him significant financial strain including paying for what he considered to be a suitable school placement for Y, obtaining professional reports, and legal fees for the tribunal.
3. Mr X wants the Council to reimburse his fees.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

Failure to conduct EHC annual reviews between 2018 and 2023

9. We will not investigate this complaint. Mr X brought his complaint to the Ombudsman in July 2025. It was more than 12 months since Mr X was aware of the issues complained about for this period. I have seen no good reasons Mr X could not have complained about these issues sooner.
10. Consequently, we will not investigate this complaint.

Review of EHC Plan in 2024, school placement, and professional report fees incurred

11. We cannot investigate Mr X’s complaint that the Council finalised Y’s EHC Plan in 2024 without his agreement. The consequence of Mr X’s complaint is that the final EHC Plan was flawed. Mr X appealed the EHC Plan to the Tribunal to challenge this. Consequently, the law says we cannot investigate the process by which the EHC Plan was made because it is too closely related to the matter appealed.
12. We also cannot investigate the other matters Mr X either has or could have raised with the Tribunal to consider under its own authority. This includes:
1. Mr X’s complaint that he incurred school fees because the final EHC Plan was, in his view, flawed. It was for the Tribunal to determine the suitability of the school in section I of the EHC Plan. The reason Y did not receive the content of their EHC Plan was due to a disagreement about the school named. Therefore, we cannot investigate.
2. Mr X’s view that professional reports he commissioned were necessary, and Mr X’s legal fees as part of the Tribunal process. We cannot investigate this as the Tribunal has powers to consider and/or award costs as part of the appeal. (The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008/2699, Rule 10).

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Final decision

13. We cannot investigate most of Mr X’s complaint because he appealed to a tribunal, and the law says we cannot investigate. We will not investigate the remainder because it is late.

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Investigator's decision on behalf of the Ombudsman