Summary: We cannot investigate Mr F’s complaint about his daughter’s education, health and care (EHC) plan because he has appealed to the Tribunal. The Tribunal will decide whether to make changes to his daughter’s Plan, and which school she should attend.

The complaint

1. Mr F complained to the Council, and to us, about his dealings with the Council during discussions to amend his daughter's Education, Health and Care (EHC) Plan.
2. He is unhappy the Council has not acknowledged his daughter’s behavioural needs in the amended Plan, and he was concerned she would not have a school place when her current school said it could no longer meet her needs.

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The Ombudsman’s role and powers

3. 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)
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.

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How I considered this complaint

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

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My assessment

7. I spoke with Mr F to better understand his complaint. He told me about his daughter’s needs and his attempts to secure suitable provision for her as she approaches her post-16 education. I have not included the details here to ensure their anonymity.
8. The Council issued a final amended EHC Plan in April 2025. Mr F was unhappy with the Plan and, after mediation, appealed to the First Tier Tribunal. The hearing is scheduled for May 2026.
9. Mr F’s complaints to the Council, and to us, concern his dealings with the Council in the course of finalising his daughter's EHC Plan and during mediation once the Council issued the final Plan. I understand a place remained available for Mr F’s daughter at her current school, but this has clearly been a challenging time. I appreciate Mr F’s dealings with the Council have been a cause of considerable stress and worry.
10. The Tribunal will decide how Mr F’s daughter’s needs should be recorded in her EHC Plan, and which school she should attend. We cannot investigate a complaint where someone has appealed to the Tribunal about the same matter. This means we cannot investigate Mr F’s complaint.

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Final decision

11. We cannot investigate Mr F’s complaint because he has appealed to the Tribunal about the same matter. The Tribunal will decide whether to make changes to his daughter’s EHC Plan, and which school she should attend.

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Investigator's decision on behalf of the Ombudsman