Summary: We will not investigate this complaint about whether the Council should name a specialist setting on an Education Health and Care Plan for Miss X’s child. This is a matter where Miss X has a right of appeal to a Tribunal it would be reasonable to use if she disagrees with the setting named.

The complaint

1. Miss X said the Council wrongly stated her child’s needs could be met in a mainstream setting. She said this was despite the evidence presented in a report and the draft Education Health and Care (EHC) Plan.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Disputes about the nature of the provision named in an EHC Plan, or the setting chosen, are matters for the Tribunal to decide, not the Ombudsman. Miss X had or has a right of appeal to the Tribunal it would be reasonable to use.

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Final decision

7. We will not investigate Miss X’s complaint because there is an alternative right of appeal to the Tribunal it would be reasonable to use.

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Investigator's decision on behalf of the Ombudsman