Summary: We will not investigate Mrs X’s complaint about the content of an Education Health and Care Plan. This is because Mrs X has used her right of appeal against the Council’s decision.

The complaint

1. Mrs X complains the Council did not include an adequate funding provision in her child, Y’s Education Health and Care (EHC) Plan. Mrs X also complains the Council delayed issuing Y’s EHC Plan.

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. 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.
5. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Mrs X requested an EHC needs assessment for her child, Y. The Council assessed Y and decided to issue an EHC Plan.
9. Mrs X complains the EHC Plan did not provide an adequate funding provision to support Y.
10. I cannot investigate the complaint about the content of the EHC Plan because Miss X exercised her right to appeal to the Tribunal.
11. When a council decides a child requires an EHC Plan, it should issue the final plan within 20 weeks of the initial request.
12. Y’s final EHC Plan was issued within 14 weeks of the initial request. We will not investigate this part of the complaint because there is insufficient evidence of fault.

Back to top

Final decision

13. We will not investigate Mrs X’s complaint. This is because Mrs X has used her right of appeal against the Council’s decision.

Back to top

Investigator's decision on behalf of the Ombudsman