Summary: We cannot investigate Mrs X’s complaint about the content of her child’s Education, Health and Care Plan including the named school, or how the Council delivered education to Y. This is because Mrs X appealed to a tribunal, and the law says we cannot investigate.

The complaint

1. Mrs X complained the Council:
1. made a final Education, Health and Care (EHC) Plan for her child, Y, that does not reflect their needs;
2. named a school in section I of the EHC Plan that cannot meet Y’s needs; and
3. failed to organise alternative education for Y when they were unable to attend the school due to their mental health.
2. Mrs X said the matter caused her distress. She said it affected Y’s education.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 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)

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How I considered this complaint

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

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My assessment

8. We cannot investigate Mrs X’s complaints. This is because Mrs X appealed the content of Y’s EHC Plan to the SEND Tribunal. The law says we cannot investigate any matter which is or has been subject to a tribunal appeal.
9. The SEND Tribunal will now consider the content of the EHC Plan including how it reflects Y’s needs and the named school in section I.
10. The reason Y is not receiving the content of their EHC Plan is too closely related to the matter appealed. Consequently, the law says the Ombudsman cannot investigate how the Council delivered either the content of the EHC Plan, or how it organised any alternative provision for Y.

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Final decision

11. We cannot investigate Mrs X’s complaint because she appealed to a tribunal, and the law says we cannot investigate.

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Investigator's decision on behalf of the Ombudsman