Kingston Upon Hull City Council (25 007 671)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 31 Oct 2025
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the education her child receives. It is reasonable to expect her to appeal to the Tribunal.
The complaint
- Miss X says the Council has failed to provide her child, Y, with a suitable education.
The Ombudsman’s role and powers
- 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 SEND Tribunal in this decision statement.
How I considered this complaint
- I considered information provided by Miss X and the Council’s replies to her.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Y has an Education Health and Care Plan (EHC Plan). The School held an EHC Plan annual review in December 2024. Miss X says Y is not receiving an education provided by the Council. She says she is having to pay privately.
- The Council says the named school is willing and able to provide Y with an education. The Council says it issued a Notice of Amendment following the annual review which Miss X could have appealed to the Tribunal.
Analysis
- A child or young person with special educational needs may have an EHC Plan. This document sets out the child’s needs and what arrangements should be made to meet them. The EHC Plan is set out in sections. We cannot direct changes to the sections about their needs, education, or the name of the educational placement. Only the Tribunal or the Council can do this.
- The crux of Miss X’s complaint is about what education and support Y should receive. Miss X believes the provision offered by the Council is not suitable. The remedy provided for this type of dispute is an appeal to the Tribunal. It is reasonable to expect Miss X to appeal to the Tribunal.
Final decision
- We will not investigate Miss X’s complaint because it is reasonable to expect her to have appealed the content of an EHC Plan to the Tribunal.
Investigator's decision on behalf of the Ombudsman