Summary: We cannot investigate Mrs X’s complaint about the consultation process the Council followed when it named a placement in Miss Y’s Education, Health and Care Plan, or Mrs X’s view the Council failed to secure the content of Miss Y’s EHC Plan during a tribunal process. This is because Mrs X appealed to a tribunal, and the law says we cannot investigate.

The complaint

1. Mrs X complained on behalf of Miss Y. Miss Y has an Education, Health and Care (EHC) Plan. Mrs X said the Council:
1. named an unsuitable setting in Miss Y’s EHC Plan and failed to follow a robust consultation process regarding the named setting; and
2. failed to deliver the content of Miss Y’s EHC Plan to her during a tribunal appeal.
2. Mrs X said the matter caused her frustration and distress. She said it meant Miss Y missed out on her education as a result.

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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)
6. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), 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

9. We cannot investigate this complaint. Mrs X appealed the content of Miss Y’s final EHC Plan to the Tribunal because she disagreed about the suitability of the named placement.
10. Because Mrs X appealed to the Tribunal, the law says we cannot investigate the process by which the EHC Plan was made. This includes the consultation process and the decision to name the placement in the EHC Plan. It was for the Tribunal to determine the most suitable placement for Miss Y, and the law says the Ombudsman cannot investigate.
11. We also cannot investigate Mrs X’s complaint that the Council failed to secure the content of Miss Y’s EHC Plan to her during the Tribunal process. This is because the reason Miss Y did not receive the content of her EHC Plan was due to a disagreement about the suitability of the education placement named in section I.
12. Therefore, the reason Miss Y did not receive the content of her EHC Plan is too closely related to the matter appealed. It was for the Tribunal to determine the suitability of the placement, and the law says the Ombudsman cannot investigate.

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Final decision

13. 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